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Author : Evelyn Speyer Colbert
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)
Download or read book Retaliation in International Law written by Evelyn Speyer Colbert and published by . This book was released on 1948 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Frits Kalshoven
Publisher : BRILL
ISBN 13 : 9047415051
Total Pages : 416 pages
Book Rating : 4.0/5 (474 download)
Download or read book Belligerent Reprisals written by Frits Kalshoven and published by BRILL. This book was released on 2005-06-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970’s, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.
Author : Madeleine Merkx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041148221
Total Pages : 208 pages
Book Rating : 4.0/5 (411 download)
Download or read book Retaliation in the WTO Dispute Settlement System written by Madeleine Merkx and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.
Author : Chad P. Bown
Publisher : Cambridge University Press
ISBN 13 : 0521119979
Total Pages : 693 pages
Book Rating : 4.5/5 (211 download)
Download or read book The Law, Economics and Politics of Retaliation in WTO Dispute Settlement written by Chad P. Bown and published by Cambridge University Press. This book was released on 2010-01-07 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 0199883378
Total Pages : 271 pages
Book Rating : 4.1/5 (998 download)
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Author : Alexander Pearce Higgins
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.3/5 (91 download)
Download or read book Studies in International Law and Relations written by Alexander Pearce Higgins and published by . This book was released on 1928 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michelle Limenta
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900012
Total Pages : 203 pages
Book Rating : 4.5/5 (99 download)
Download or read book WTO Retaliation written by Michelle Limenta and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.
Author : Benjamin B. Ferencz
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (44 download)
Download or read book Enforcing International Law written by Benjamin B. Ferencz and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michelle Engel Limenta
Publisher :
ISBN 13 : 9781509900039
Total Pages : pages
Book Rating : 4.9/5 ( download)
Download or read book WTO Retaliation written by Michelle Engel Limenta and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony A. D'Amato
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.F/5 ( download)
Download or read book International Law written by Anthony A. D'Amato and published by Brill Nijhoff. This book was released on 1995 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the central issues in international law, beginning with the reality of international law itself, and extending through the use of force and coercion, the identification and enforcement of human rights, and the role of the individual versus the state. In the course of his analysis, Professor D'Amato discusses specific international incidents, such as the taking of American hostages in Tehran, the Contras War in Nicaragua, the war between Iran and Iraq, the Grenada invasion, the Israeli attack against the nuclear reactor in Iraq, and the "Homelands" policy affecting Blacks in Southern Africa.
Author : ANTHONY. D'AMATO
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004638210
Total Pages : 381 pages
Book Rating : 4.0/5 (46 download)
Download or read book International Law: Process and Prospect written by ANTHONY. D'AMATO and published by Martinus Nijhoff Publishers. This book was released on 2023-12-11 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does international law exist, and is it real? How can the law of individual human rights be accommodated in an international legal system that is apparently addressed to nations and not to individuals? These are among the provocative questions grappled with in this highly articulate, enlightening and refreshing book. With an eye toward the 21st century, Anthony D'Amato provides a provocative tool for students and practitioners of international law. He draws on his experience to produce a highly lucid examination of the issues arising out of the process of intranational law formation and justification as applied to, and shaped by, some of the critical international issues of our day.
Author : Chad Philips Bown
Publisher :
ISBN 13 : 9780511675263
Total Pages : 677 pages
Book Rating : 4.6/5 (752 download)
Download or read book The Law, Economics and Politics of Retaliation in WTO Dispute Settlement written by Chad Philips Bown and published by . This book was released on 2010 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Author : Nikolas Stürchler
Publisher : Cambridge University Press
ISBN 13 : 1139464914
Total Pages : 23 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Threat of Force in International Law written by Nikolas Stürchler and published by Cambridge University Press. This book was released on 2007-07-19 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.
Author : Robert E. Scott
Publisher : Cambridge University Press
ISBN 13 : 1139460285
Total Pages : 215 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Limits of Leviathan written by Robert E. Scott and published by Cambridge University Press. This book was released on 2006-08-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
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Author : Evelyn Speyer Colbert
Publisher :
ISBN 13 :
Total Pages : 229 pages
Book Rating : 4.:/5 (459 download)
Download or read book Retaliation in International Law. Evelyn Speyer Colbert... [A Dissertation.] written by Evelyn Speyer Colbert and published by . This book was released on 1948 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eric Posner
Publisher : Harvard University Press
ISBN 13 : 0674071522
Total Pages : 385 pages
Book Rating : 4.6/5 (74 download)
Download or read book Economic Foundations of International Law written by Eric Posner and published by Harvard University Press. This book was released on 2013-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever-increasing exchange of goods and ideas among nations, as well as cross-border pollution, global warming, and international crime, pose urgent questions for international law. Here, two respected scholars provide an intellectual framework for assessing these pressing legal problems from a rational choice perspective. The approach assumes that states are rational, forward-looking agents which use international law to address the actions of other states that may have consequences for their own citizens, and to obtain the benefits of international cooperation. It further assumes that in the absence of a central enforcement agency—that is, a world government—international law must be self-enforcing. States must believe that if they violate international agreements, other states will retaliate. Consequently, Eric A. Posner and Alan O. Sykes devote considerable attention to the challenges of enforcing international law, which begin with the difficulties of determining what it is. In the absence of an international constitution, the sources for international law are vague. Lawyers must rely on statements contained in all manner of official documents and on simple observation of states’ behavior. This looseness leads international institutions such as the United Nations to deliver conflicting interpretations of the law’s most basic principles. The authors describe the conditions under which international law succeeds or fails, across a wide range of issues, including war crimes, human rights, international criminal law, principles of state responsibility, law of the sea, international trade regulation, and international investment law.
Author : William Phelan
Publisher :
ISBN 13 : 0198712790
Total Pages : 225 pages
Book Rating : 4.1/5 (987 download)
Download or read book In Place of Inter-state Retaliation written by William Phelan and published by . This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
