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Reflections On The Relevance Of Public International Law To Private International Law Treaty Making Opening Lecture Private International Law Session 2009
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Book Synopsis Reflections on the Relevance of Public International Law to Private International Law Treaty Making Opening Lecture, Private International Law Session, 2009 by : P. R Beaumont
Download or read book Reflections on the Relevance of Public International Law to Private International Law Treaty Making Opening Lecture, Private International Law Session, 2009 written by P. R Beaumont and published by . This book was released on 2010 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reflections on the Relevance of Public International Law to Private International Law Treaty Making (Volume 340). by :
Download or read book Reflections on the Relevance of Public International Law to Private International Law Treaty Making (Volume 340). written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Transcivilizational Perspective on International Law by : Onuma Yasuaki
Download or read book A Transcivilizational Perspective on International Law written by Onuma Yasuaki and published by Martinus Nijhoff Publishers. This book was released on 2010-07-15 with total page 493 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.
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: Also available as an e-book 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.
Book Synopsis Collected courses of the Hague Academy of International Law by : Hague Academy of International Law
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective by : Guiguo Wang
Download or read book Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective written by Guiguo Wang and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Book Synopsis Public Policy and Private International Law by : Meyer, Olaf
Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
Book Synopsis The Acquisition of Africa (1870-1914) by : Mieke van der Linden
Download or read book The Acquisition of Africa (1870-1914) written by Mieke van der Linden and published by BRILL. This book was released on 2016-10-05 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Book Synopsis Public International Law by : International Commission of Jurists (1906)
Download or read book Public International Law written by International Commission of Jurists (1906) and published by . This book was released on 1927 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Public International Law in the Modern World by : David H. Ott
Download or read book Public International Law in the Modern World written by David H. Ott and published by Pitman Publishing. This book was released on 1987 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bibliographie Mensuelle by : United Nations Library (Geneva, Switzerland)
Download or read book Bibliographie Mensuelle written by United Nations Library (Geneva, Switzerland) and published by . This book was released on 2010-10 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Confluence of Public and Private International Law by : Alex Mills
Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the relationship between private international law, examined from an international systemic perspective, and public international law.
Book Synopsis Sourcebook on Public International Law by : Tim Hillier
Download or read book Sourcebook on Public International Law written by Tim Hillier and published by Routledge. This book was released on 1998-02-14 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is primarily aimed at the law student, although it may also be of relevance to those studying international relations. It covers the main topics of public international law and is designed to serve both as a textbook and as a case and materials book.
Book Synopsis Lectures on Private International Law by : Otto Kirchner
Download or read book Lectures on Private International Law written by Otto Kirchner and published by . This book was released on 1904 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Treaties in Parliaments and Courts by : Felix Lange
Download or read book Treaties in Parliaments and Courts written by Felix Lange and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
