Arbitration in the 36th America's Cup

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547936
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration in the 36th America's Cup by : Henry Peter

Download or read book Arbitration in the 36th America's Cup written by Henry Peter and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than the most prestigious regatta and match race in the sport of sailing, the America’s Cup is a test of boat design, sail design, and management skills. It is not surprising that its passionate skippers, builders, and managers often become embroiled in disputes. Recognizing this, and the need to deal quickly and professionally with any divergency, an arbitration panel has become an established part of the Cup’s organization. This book—the fifth of a series that over time constitutes a unique corpus of decisions rendered over more than twenty years—compiles all the directions and decisions issued by the 36th America’s Cup Arbitration Panel in the context of the nineteen cases submitted to it, as well as all supporting documents elucidating the context in which the decisions were issued. In addition to all the decisions, the following are also included: the Protocol of the 36th America’s Cup and amendments made thereto; the 36th America’s Cup Arbitration Panel Rules of Procedure; applicable versions of the World Sailing Racing Rules, the AC75 Class Rule, and the so-called Prada Cup Conditions and Match Conditions; previously unpublished documents related to proceedings which have led to the amendment and/or interpretation of the Deed of Gift by the Supreme Court of the State of New York; and previously unpublished court-related material pertaining to the key Mercury Bay case (1987-1990). An extensive and valuable introduction provides detailed historical and factual context. Expert commentary addresses issues of special interest decided by the 36th America’s Cup Arbitration Panel, including privileged insight into the previously undocumented dispute resolution during the 35th America’s Cup (2013-2017) and the World Intellectual Property Organization’s Electronic Case Management Facility (ECAF). A table containing a summary of the subject matter of each decision and a keyword index help find which argument is dealt with in which decision. Because arbitration plays a key role in this context, and because what happens in the America's Cup is of general interest to the sport and arbitration communities, this book’s many insights into the kinds of issues that fuel disputes in sports events offer a significant extension of the knowledge base available to lawyers, arbitrators, and scholars in several branches of law and legal practice.

Dispute Resolution in the 34th America's Cup

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041152598
Total Pages : 729 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dispute Resolution in the 34th America's Cup by : Henry Peter

Download or read book Dispute Resolution in the 34th America's Cup written by Henry Peter and published by Kluwer Law International B.V.. This book was released on 2015-11-24 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: The America’s Cup continues to evolve as the preeminent sporting contest in the world of sailing and is one of the greatest contests in the world of sport. In its long and colorful history, disputes around the match have not only added major extra publicity to the event’s great popular appeal but also spawned a wealth of judicial and arbitral decisions that have become influential on the sport of sailing. This book - continuing the tradition of Kluwer Law International’s earlier publications on the 31st, 32nd, and 33rd America’s Cup - offers richly detailed expert commentary (along with the decision texts themselves) on the judgments of various courts and other dispute resolution bodies delivered during the tumultuous 34th America’s Cup. Since there is no official record of many of these documents, this book is the only source that presents them together in a single volume, with the added benefit of commentary. Among the aspects covered are the following: - all decisions issued by the 34th America’s Cup International Jury, as well as related decisions or awards rendered by other bodies (ISAF Disciplinary Commission, ISAF Review Board and the Court of Arbitration for Sport); - judgments of the New York Supreme Court and its Appellate Division regarding the rejection of the African Diaspora Maritime Corporation application to compete to be a defender; - the pivotal Jury decision affirming that the AC72 yacht could be made to foil on its centreboards and rudders, dramatically increasing its speed; - the first-time-ever Youth America’s Cup; and - the extensive mediation concerning safety recommendations following the death of a sailor. A general introduction surveys the most important and peculiar issues pertaining to the event. Written not only as a comprehensive legal record of the 34th America’s Cup but also with a view to favor future matches and to limit the possibilities of new controversies, the book takes a significant step toward ensuring that disputes are dealt with by arbitration and not by lengthy, costly, and uncertain state court proceedings. In this way the book provides invaluable guidance for trustees, competitors, and event officials, not only for the America’s Cup but by extension to other major international sporting events.

The 33rd America's Cup Judicial and Arbitral Decisions

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Author :
Publisher :
ISBN 13 : 9789041138163
Total Pages : 0 pages
Book Rating : 4.1/5 (381 download)

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Book Synopsis The 33rd America's Cup Judicial and Arbitral Decisions by : Henry Peter

Download or read book The 33rd America's Cup Judicial and Arbitral Decisions written by Henry Peter and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --CNEV's Challenge --GGYC's Challenge - Deed Match --Settlement --Management and Future of the America's Cup.

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518485
Total Pages : 372 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41 by : Elliott Geisinger

Download or read book Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41 written by Elliott Geisinger and published by Juris Publishing, Inc.. This book was released on 2015-02-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

The 32nd America's Cup Jury and Its Decisions

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127550
Total Pages : 458 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The 32nd America's Cup Jury and Its Decisions by : Henry Peter

Download or read book The 32nd America's Cup Jury and Its Decisions written by Henry Peter and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: anti-doping and anti-gambling rules. A valuable introduction written by the Jury members offers a first hand perspective, in addition to historical and legal background." "Finally, of interest for practitioners in general is the symbiosis established between the America's Cup organisation and the World Intellectual Property Organization (WIPO). At the request of the Jury, WIPO developed a customised web-based electronic case facility (ECAF) for the rapid and secure administration of disputes - a facility now available in the context of other sporting events and for intellectual property disputes in general. With detailed information on this system, along with the book's many insights into the kinds of issues that fuel disputes in sports events (and their resolutions), The 32nd America's Cup Jury and its Decisions offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice." --Book Jacket.

Arbitration in the America's Cup

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121994
Total Pages : 278 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in the America's Cup by : John Faire

Download or read book Arbitration in the America's Cup written by John Faire and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following experiences made during the previous edition of the America's Cup, an Arbitration Panel was set up in order to resolve the disputes arising with respect to the 3 1 st (2000-2003) America's Cup. It was composed of five arbitrators, all high standing lawyers with vast experience in arbitration and sport. The Arbitration Panel issued 22 decisions on many subjects, ranging from deciding whether or not Societe Nautique de Geneve (Alinghi) could take part to the America's Cup, to whether or not the Seattle Yacht Club (One World Challenge) had breached rules prohibiting the transfer of technology from a syndicate to another. This book contains all the decisions rendered as well as the background and supporting material. It begins with an introductory text which enables a better understanding of the reasons why the Arbitration Panel was set up, of the way it has worked and of the main issues it has dealt with. The work will be of interest to any person involved in arbitration in general and in sport in particular. It will also provide an insight into the history of the America's Cup which, from the outcome in 1851, has been characterised by controversies and disputes.

Sports Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250344
Total Pages : 366 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Sports Law by : Michael Beloff KC

Download or read book Sports Law written by Michael Beloff KC and published by Bloomsbury Publishing. This book was released on 2012-10-19 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators. “I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book.” From the Foreword by Lord Coe KBE This title is included in Bloomsbury Professional's Sports Law online service.

Rules of Evidence in International Arbitration

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317200373
Total Pages : 521 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Rules of Evidence in International Arbitration by : Nathan O'Malley

Download or read book Rules of Evidence in International Arbitration written by Nathan O'Malley and published by Taylor & Francis. This book was released on 2019-01-16 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

Information Technology and Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125159
Total Pages : 266 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Information Technology and Arbitration by : Thomas Schultz

Download or read book Information Technology and Arbitration written by Thomas Schultz and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make.

Sixty Years of American Life, Taylor to Roosevelt, 1850 to 1910

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Author :
Publisher : New York: Dutton
ISBN 13 :
Total Pages : 542 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Sixty Years of American Life, Taylor to Roosevelt, 1850 to 1910 by : Everett Pepperrell Wheeler

Download or read book Sixty Years of American Life, Taylor to Roosevelt, 1850 to 1910 written by Everett Pepperrell Wheeler and published by New York: Dutton. This book was released on 1917 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging the Law of the Sea

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Publisher : Oxford University Press
ISBN 13 : 0198853351
Total Pages : 465 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-15 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

International Commercial Arbitration and the Arbitrator’s Contract

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Author :
Publisher : Routledge
ISBN 13 : 1135167044
Total Pages : 274 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis International Commercial Arbitration and the Arbitrator’s Contract by : Emilia Onyema

Download or read book International Commercial Arbitration and the Arbitrator’s Contract written by Emilia Onyema and published by Routledge. This book was released on 2010-04-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Role of Domestic Courts in the Settlement of Investor-State Disputes

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Author :
Publisher : Springer Nature
ISBN 13 : 9811570108
Total Pages : 211 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Role of Domestic Courts in the Settlement of Investor-State Disputes by : A. Saravanan

Download or read book Role of Domestic Courts in the Settlement of Investor-State Disputes written by A. Saravanan and published by Springer Nature. This book was released on 2020-10-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: “One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like...” - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA

International Procedure in Interstate Litigation and Arbitration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108845312
Total Pages : 445 pages
Book Rating : 4.1/5 (88 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: This collection presents comparative analyses of the procedural aspects of the settlement of interstate disputes in international law. The contributions offer reflections on the procedure applicable to various interstate dispute settlement bodies, including international as well as regional courts and tribunals.

Latin America and international investment law

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526155060
Total Pages : 372 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Latin America and international investment law by : Sufyan Droubi

Download or read book Latin America and international investment law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2022-04-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.

The International Legal Personality of the Individual

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Publisher : Oxford University Press
ISBN 13 : 0192552341
Total Pages : 486 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The International Legal Personality of the Individual by : Astrid Kjeldgaard-Pedersen

Download or read book The International Legal Personality of the Individual written by Astrid Kjeldgaard-Pedersen and published by Oxford University Press. This book was released on 2018-08-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

Home Journal

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Publisher :
ISBN 13 :
Total Pages : 1078 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Home Journal by :

Download or read book Home Journal written by and published by . This book was released on 1902 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt: