Procedures in International Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3540744975
Total Pages : 377 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Procedures in International Law by : Gernot Biehler

Download or read book Procedures in International Law written by Gernot Biehler and published by Springer Science & Business Media. This book was released on 2008-09-12 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

General Principles of Law and International Due Process

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Publisher : Oxford University Press
ISBN 13 : 0190642726
Total Pages : 305 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

The Settlement of Disputes in International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198299271
Total Pages : 428 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis The Settlement of Disputes in International Law by : John G. Collier

Download or read book The Settlement of Disputes in International Law written by John G. Collier and published by Oxford University Press, USA. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

A Practical Guide to Using International Human Rights and Criminal Law Procedures

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178811972X
Total Pages : 171 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis A Practical Guide to Using International Human Rights and Criminal Law Procedures by : Connie de la Vega

Download or read book A Practical Guide to Using International Human Rights and Criminal Law Procedures written by Connie de la Vega and published by Edward Elgar Publishing. This book was released on 2019 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims, and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. This book offers step-by-step approaches for maximizing the institutions’ intended effect–promotion of human rights at all levels.

The Structure and Process of International Law

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Publisher : BRILL
ISBN 13 : 9789024732739
Total Pages : 1256 pages
Book Rating : 4.7/5 (327 download)

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Book Synopsis The Structure and Process of International Law by : Ronald St. J. Mac Donald

Download or read book The Structure and Process of International Law written by Ronald St. J. Mac Donald and published by BRILL. This book was released on 1986-02-24 with total page 1256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Problems and Process

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Publisher : Oxford University Press
ISBN 13 : 9780198764106
Total Pages : 312 pages
Book Rating : 4.7/5 (641 download)

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Book Synopsis Problems and Process by : Rosalyn Higgins

Download or read book Problems and Process written by Rosalyn Higgins and published by Oxford University Press. This book was released on 1995-08-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

An Introduction to International Criminal Law and Procedure

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Publisher : Cambridge University Press
ISBN 13 : 0521135818
Total Pages : 685 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer

Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2010-05-27 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

International Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 145 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Advanced Introduction to Private International Law and Procedure

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436795
Total Pages : 192 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Advanced Introduction to Private International Law and Procedure by : Peter Hay

Download or read book Advanced Introduction to Private International Law and Procedure written by Peter Hay and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.

The Making of International Law

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Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Making of International Law by : Alan Boyle

Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

The Process of International Legal Reproduction

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Publisher : Cambridge University Press
ISBN 13 : 1316515192
Total Pages : 541 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Process of International Legal Reproduction by : Rose Parfitt

Download or read book The Process of International Legal Reproduction written by Rose Parfitt and published by Cambridge University Press. This book was released on 2019-01-17 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities

Substance and Procedure in Private International Law

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Publisher : OUP Oxford
ISBN 13 : 0191629367
Total Pages : 496 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Substance and Procedure in Private International Law by : Richard Garnett

Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

The Settlement of Disputes in International Law

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Publisher :
ISBN 13 : 9781383014280
Total Pages : 0 pages
Book Rating : 4.0/5 (142 download)

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Book Synopsis The Settlement of Disputes in International Law by : John Greenwood Collier

Download or read book The Settlement of Disputes in International Law written by John Greenwood Collier and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and individuals or corporations.

International Procedure in Interstate Litigation and Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1108963218
Total Pages : 445 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere

Download or read book International Procedure in Interstate Litigation and Arbitration written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2021-11-25 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Procedure and Substance in International Environmental Law

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Publisher : BRILL
ISBN 13 : 9004444386
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée

Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004463135
Total Pages : 520 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings by : Torsten Stirner

Download or read book The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings written by Torsten Stirner and published by Martinus Nijhoff Publishers. This book was released on 2021-07-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.