Overlapping Individual And Interstate Claims In International Law

Download Overlapping Individual And Interstate Claims In International Law full books in PDF, epub, and Kindle. Read online Overlapping Individual And Interstate Claims In International Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Overlapping Individual and Interstate Claims in International Law

Author : Jessica Howley
Publisher : Oxford University Press
ISBN 13 : 019269927X
Total Pages : 385 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis Overlapping Individual and Interstate Claims in International Law by : Jessica Howley

Download or read book Overlapping Individual and Interstate Claims in International Law written by Jessica Howley and published by Oxford University Press. This book was released on 2024-08-07 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims, considering, among others, the local remedies rule, the rule precluding double recovery, res judicata, waiver, and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.

New Property in International Law

Author : Jean Ho
Publisher : Oxford University Press
ISBN 13 : 0192873458
Total Pages : 262 pages
Book Rating : 4.1/5 (928 download)

DOWNLOAD NOW!

Book Synopsis New Property in International Law by : Jean Ho

Download or read book New Property in International Law written by Jean Ho and published by Oxford University Press. This book was released on 2024-10-04 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.

Recognition of States in International Law

Author : Pavle Kilibarda
Publisher : Oxford University Press
ISBN 13 : 019890567X
Total Pages : 321 pages
Book Rating : 4.1/5 (989 download)

DOWNLOAD NOW!

Book Synopsis Recognition of States in International Law by : Pavle Kilibarda

Download or read book Recognition of States in International Law written by Pavle Kilibarda and published by Oxford University Press. This book was released on 2024-08-03 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the recognition of States is a common occurrence in international relations and retains a central position in discussions of international law, its nature and legal effects have remained controversial well into the twenty-first century. While some believe that recognition plays a fundamental role in the creation of statehood, others deny recognition any legal value. Regardless, debates surrounding any case where statehood is disputed will sooner or later turn to the matter of recognition, or lack thereof, by other States. This book challenges the widespread views of statehood as an absolute or empirical fact and of recognition as merely declaratory in the creation of States as the primary and original persons of international law. Drawing upon a comparative analysis of contested States ranging from Palestine and Kosovo to Somaliland and Eastern Ukraine, this book seeks to ascertain the normative value and the effects of the act of recognition in various situations, distinguishing between: cases where statehood may be inferred from applicable rules of international law, cases where statehood could only be explained by recognition, and cases where the establishment of a State is prevented by international legal norms. In addition to discussing a range of issues related to recognition, this book provides an up-to-date overview of the history of recognition, the positions of various governments, and a broad, critical summary of domestic and international jurisprudence.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!

Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Overlapping Individual and Interstate Claims in International Law

Author : Jessica Isobel Howley
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (128 download)

DOWNLOAD NOW!

Book Synopsis Overlapping Individual and Interstate Claims in International Law by : Jessica Isobel Howley

Download or read book Overlapping Individual and Interstate Claims in International Law written by Jessica Isobel Howley and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recognition of Governments in International Law

Author : Stefan Talmon
Publisher : Oxford University Press
ISBN 13 : 9780198265733
Total Pages : 476 pages
Book Rating : 4.2/5 (657 download)

DOWNLOAD NOW!

Book Synopsis Recognition of Governments in International Law by : Stefan Talmon

Download or read book Recognition of Governments in International Law written by Stefan Talmon and published by Oxford University Press. This book was released on 1998 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.

Fragmentation of International Law

Author : United Nations. International Law Commission
Publisher :
ISBN 13 : 9789521023378
Total Pages : 306 pages
Book Rating : 4.0/5 (233 download)

DOWNLOAD NOW!

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:

National Courts and the International Rule of Law

Author : André Nollkaemper
Publisher : OUP Oxford
ISBN 13 : 0191652830
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!

Book Synopsis National Courts and the International Rule of Law by : André Nollkaemper

Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by OUP Oxford. This book was released on 2012-10-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

International Law

Author : Malcolm Evans
Publisher : Oxford University Press (UK)
ISBN 13 : 019956566X
Total Pages : 931 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!

Book Synopsis International Law by : Malcolm Evans

Download or read book International Law written by Malcolm Evans and published by Oxford University Press (UK). This book was released on 2010-06-24 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

The Relationship Between State and Individual Responsibility for International Crimes

Author : Béatrice I. Bonafè
Publisher : BRILL
ISBN 13 : 9004173315
Total Pages : 297 pages
Book Rating : 4.0/5 (41 download)

DOWNLOAD NOW!

Book Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Béatrice I. Bonafè

Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Béatrice I. Bonafè and published by BRILL. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Former U.S. World War Two POW's

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.0/5 ( download)

DOWNLOAD NOW!

Book Synopsis Former U.S. World War Two POW's by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Former U.S. World War Two POW's written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2000 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents State estimates of personal income. It presents the following estimates for each State, for the eight Census regions, and for the U.S. Includes: annual estimates of total and per capita personal income for 1929-93; annual estimates of total and per capita disposable personal income for 1948-93; annual estimates of personal income by major type of payment and by industry for 1929-93, and quarterly estimates of total personal income for 1969-93. Extensive maps, charts and tables.

Regime Interaction in International Law

Author : Margaret A. Young
Publisher : Cambridge University Press
ISBN 13 : 1139504932
Total Pages : pages
Book Rating : 4.1/5 (395 download)

DOWNLOAD NOW!

Book Synopsis Regime Interaction in International Law by : Margaret A. Young

Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

The Individual in International Law

Author :
Publisher : Oxford University Press
ISBN 13 : 0198898940
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis The Individual in International Law by :

Download or read book The Individual in International Law written by and published by Oxford University Press. This book was released on 2024-03-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Principles of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.3/5 (161 download)

DOWNLOAD NOW!

Book Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

International Law

Author : Malcolm David Evans
Publisher : Oxford University Press, USA
ISBN 13 : 0199654670
Total Pages : 949 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis International Law by : Malcolm David Evans

Download or read book International Law written by Malcolm David Evans and published by Oxford University Press, USA. This book was released on 2014 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author : Evelyne Schmid
Publisher : Cambridge University Press
ISBN 13 : 1316299325
Total Pages : 395 pages
Book Rating : 4.3/5 (162 download)

DOWNLOAD NOW!

Book Synopsis Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by : Evelyne Schmid

Download or read book Taking Economic, Social and Cultural Rights Seriously in International Criminal Law written by Evelyne Schmid and published by Cambridge University Press. This book was released on 2015-04-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.

Small Island States & International Law

Author : Carolin König
Publisher : Taylor & Francis
ISBN 13 : 1000812057
Total Pages : 289 pages
Book Rating : 4.0/5 (8 download)

DOWNLOAD NOW!

Book Synopsis Small Island States & International Law by : Carolin König

Download or read book Small Island States & International Law written by Carolin König and published by Taylor & Francis. This book was released on 2022-12-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.