Regent Journal Of International Law

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Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher : OUP Oxford
ISBN 13 : 0191002216
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by OUP Oxford. This book was released on 2015-04-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Everyday Makers of International Law

Author : Tommaso Soave
Publisher : Cambridge University Press
ISBN 13 : 1009248030
Total Pages : 379 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The Everyday Makers of International Law by : Tommaso Soave

Download or read book The Everyday Makers of International Law written by Tommaso Soave and published by Cambridge University Press. This book was released on 2022-11-17 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

'Armed Attack' and Article 51 of the UN Charter

Author : Tom Ruys
Publisher : Cambridge University Press
ISBN 13 : 113949483X
Total Pages : 617 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis 'Armed Attack' and Article 51 of the UN Charter by : Tom Ruys

Download or read book 'Armed Attack' and Article 51 of the UN Charter written by Tom Ruys and published by Cambridge University Press. This book was released on 2010-11-25 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.

Key Documents on the Reform of the UN Security Council 1991-2019

Author : Bardo Fassbender
Publisher : BRILL
ISBN 13 : 9004421734
Total Pages : 1443 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Key Documents on the Reform of the UN Security Council 1991-2019 by : Bardo Fassbender

Download or read book Key Documents on the Reform of the UN Security Council 1991-2019 written by Bardo Fassbender and published by BRILL. This book was released on 2020-10-12 with total page 1443 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.

Freedom of Information and National Security

Author : Amin Pashaye Amiri
Publisher : Herbert Utz Verlag
ISBN 13 : 3831643903
Total Pages : 198 pages
Book Rating : 4.8/5 (316 download)

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Book Synopsis Freedom of Information and National Security by : Amin Pashaye Amiri

Download or read book Freedom of Information and National Security written by Amin Pashaye Amiri and published by Herbert Utz Verlag. This book was released on 2015-01-06 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sensitive national security information is among a government’s most significant duties. However, this concept may be used to adversely limit the public’s right to access to government-held information. Therefore, striking a reasonable balance between these competing interests is of great importance for any society. How important to the creation of such a balance is effective judicial review of government decisions denying public access to information on national security grounds? How should judicial review of these decisions be conducted? “Freedom of Information and National Security: A Study of Judicial Review under U.S. Law” seeks to answer these questions. It offers proposals for the improvement of judicial review of public bodies’ decisions in the U.S. and provides suggestions for conducting effective judicial review in other countries.

CISG Methodology

Author : Andre Janssen
Publisher : sellier. european law publ.
ISBN 13 : 3866530706
Total Pages : 408 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis CISG Methodology by : Andre Janssen

Download or read book CISG Methodology written by Andre Janssen and published by sellier. european law publ.. This book was released on 2009 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.

Under Attack

Author : Dr Belinda Helmke
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409499782
Total Pages : 320 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Under Attack by : Dr Belinda Helmke

Download or read book Under Attack written by Dr Belinda Helmke and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under Attack makes a new contribution to the field of international relations in general and the study of international law and armed conflict in particular, in two core ways. First, it links information from varying disciplines, most notably international relations and international law, to form a comprehensive picture of state practice and the challenges it poses to the legal rules for the use of force. Secondly, it organises the information in such a way to identify two core groups of contemporary justifications used by states: humanitarian reasons and self-defence, both with their sub-categories. At the core of this book is the question of how state practice since 1990 has challenged the long-established legal regime on the international use of force. Are we merely witnessing a temporary and insignificant challenge to international law or are the rules genuinely under attack?

Religion, Secularism, and Constitutional Democracy

Author : Jean L. Cohen
Publisher : Columbia University Press
ISBN 13 : 0231540736
Total Pages : 465 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen

Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Engaging with Foreign Law

Author : Basil S Markesinis
Publisher : Bloomsbury Publishing
ISBN 13 : 184731497X
Total Pages : 474 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Engaging with Foreign Law by : Basil S Markesinis

Download or read book Engaging with Foreign Law written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2009-03-30 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Feminist Advocacy, Family Law and Violence against Women

Author : Mahnaz Akhami
Publisher : Routledge
ISBN 13 : 0429796331
Total Pages : 268 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Feminist Advocacy, Family Law and Violence against Women by : Mahnaz Akhami

Download or read book Feminist Advocacy, Family Law and Violence against Women written by Mahnaz Akhami and published by Routledge. This book was released on 2018-09-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.

Global Perspectives on Reforming the Criminal Justice System

Author : Pittaro, Michael
Publisher : IGI Global
ISBN 13 : 1799868869
Total Pages : 380 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Global Perspectives on Reforming the Criminal Justice System by : Pittaro, Michael

Download or read book Global Perspectives on Reforming the Criminal Justice System written by Pittaro, Michael and published by IGI Global. This book was released on 2021-06-25 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The often-tenuous relationship between law enforcement and communities of color, namely African Americans, has grown increasingly strained, and the call for justice has once again ignited the demand for criminal justice reform. Rebuilding the trust between the police and the citizens that they have sworn to protect and serve requires that criminal justice practitioners and educators collaborate with elected officials and commit to an open, ongoing dialogue on the most challenging issues that remain unresolved but demand collective attention and support. Reform measures are not limited to policing policies and practices, but rather extend throughout the criminal justice system. There is no denying that the criminal justice system as we know it is flawed, but not beyond repair. Global Perspectives on Reforming the Criminal Justice System provides in-depth and current research about the criminal justice system around the world, its many inadequacies, and why it urgently needs reformation. Offering a fully fleshed outline of the current system, this book details the newest research and is incredibly important to fully understand the flaws of the criminal justice system across the globe. The goals of this book are to improve and advance the criminal justice system by addressing the glaring weaknesses within the system and discuss potential reforms including decreasing the prison population (decarceration) and improving police/community relations. Highlighting topics that include accountability, community-oriented policing, ethics, and mass incarceration, this book is ideal for law enforcement officers, trainers/educators, government officials, policymakers, correctional officers, court officials, professionals, researchers, academicians, and students in the fields of criminal justice, criminology, sociology, psychology, addictions, mental health, social work, public policy, and public administration.

Discourses and Practices of Terrorism

Author : Bob Brecher
Publisher : Routledge
ISBN 13 : 1135156492
Total Pages : 441 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Discourses and Practices of Terrorism by : Bob Brecher

Download or read book Discourses and Practices of Terrorism written by Bob Brecher and published by Routledge. This book was released on 2010-02-25 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book investigates the consequences of the language of terror for our lives in democratic societies. The approach of this book is in direct contrast with those that either view terrorism simplistically, as a clear reality threatening democratic society and thus requiring certain sorts of response, or argue, equally simplistically, that the invocation of terror is merely the ideological veil for continued capitalist exploitation. While closer in spirit to the second of these, this work does not simply dismiss the discourse on terror, but rather investigates the consequences of this discourse for the organisation of life in democratic societies. In interrogating the discourse of terror from a variety of viewpoints, this interdisciplinary text builds upon the understanding of the importance of the language of terror from a new perspective: the interconnections between discourses of terror; the material realities they at once reflect and help produce; and the specificities of particular historical circumstances. In offering an integrated approach of this sort, and founded on a base of applied philosophy, broadly conceived, the contributors offer a new contribution to both public and academic debate, and at the same time initiate a series of further interventions in Critical Terrorism Studies. This book will be of interest to students of critical terrorism studies, terrorism studies, security studies, philosophy and discourse theory. Bob Brecher is Director of the Centre for Applied Philosophy, Politics & Ethics at Brighton University. He has published widely in moral, political and applied philosophy and the politics of higher education. Mark Devenney is Academic Programme Leader in Humanities at the University of Brighton. He has published in the areas of critical theory, post-Marxism and post-Colonial politics. Aaron Winter is Lecturer in Sociology at the University of Abertay Dundee. His research focuses on terrorism and the concept of ‘extremism’, whiteness, masculinity and violence, and the extreme right, organised racism and the religious right in the United States.

Extraterritorial Immigration Control

Author : Bernard Ryan
Publisher : BRILL
ISBN 13 : 9047425804
Total Pages : 459 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Extraterritorial Immigration Control by : Bernard Ryan

Download or read book Extraterritorial Immigration Control written by Bernard Ryan and published by BRILL. This book was released on 2010-04-06 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

Separate But Faithful

Author : Amanda Hollis-Brusky
Publisher :
ISBN 13 : 0190637269
Total Pages : 313 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Separate But Faithful by : Amanda Hollis-Brusky

Download or read book Separate But Faithful written by Amanda Hollis-Brusky and published by . This book was released on 2020 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth look at the Christian Right's efforts to build a comprehensive legal movement aimed at radically transforming American law and policy to reflect "Christian Worldview." Drawing on an impressive amount of original data from a variety of sources, the authors examine the causes, contours and consequences of these efforts.

The Lion that Didn't Roar

Author : Nigel Davidson
Publisher : ANU Press
ISBN 13 : 1760460265
Total Pages : 331 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis The Lion that Didn't Roar by : Nigel Davidson

Download or read book The Lion that Didn't Roar written by Nigel Davidson and published by ANU Press. This book was released on 2016-10-06 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 it will be Australia’s turn to chair the Kimberley Process Certification Scheme (KP), an international organisation set up to regulate the trade in diamonds. Diamonds are a symbol of love, purchased to celebrate marriage, and it is therefore deeply ironic that the diamond trade has become linked with warfare and human rights violations committed in African producer countries such as Sierra Leone, the Democratic Republic of Congo and, more recently, Zimbabwe and Angola. In their quest for diamonds, or by using diamonds to purchase weapons, armed groups in these countries have engaged in recruiting child soldiers, amputating limbs, and committing rape and murder. In response to the problem, the international community, non-governmental organisations and key industry players such as De Beers combined forces to create the Kimberley Process in 2002. The KP uses an export certificate system to distinguish the legitimate rough diamond trade from so-called ‘blood diamonds’, which are also known as ‘conflict diamonds’. This book considers the extent to which the KP, supported by other agencies at the international and national levels, has been effective in achieving its mandate. In so doing, it presents an original model derived from the domain of regulatory theory, the Dual Networked Pyramid, as a means of describing the operation of the system and suggesting possible improvements that might be made to it.

Reflections on the Contemporary Law of the Sea

Author : Helmut Tuerk
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004212582
Total Pages : 222 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Reflections on the Contemporary Law of the Sea by : Helmut Tuerk

Download or read book Reflections on the Contemporary Law of the Sea written by Helmut Tuerk and published by Martinus Nijhoff Publishers. This book was released on 2012-01-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflections on the Contemporary Law of the Sea describes the development and the present state of the law of the sea, particularly in light of the 1982 United Nations Convention on the Law of the Sea, also drawing attention to some of the problems facing the international community.

Legal Order in the World's Oceans

Author : Myron H. Nordquist
Publisher : BRILL
ISBN 13 : 9004352546
Total Pages : 477 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Legal Order in the World's Oceans by : Myron H. Nordquist

Download or read book Legal Order in the World's Oceans written by Myron H. Nordquist and published by BRILL. This book was released on 2017-10-17 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.