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The Changing World Of International Law In The Twenty First Centurya Tribute To The Late Kenneth R Simmonds
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Book Synopsis The Changing World of International Law in the Twenty-First Century:A Tribute to the Late Kenneth R. Simmonds by : K. Simmonds
Download or read book The Changing World of International Law in the Twenty-First Century:A Tribute to the Late Kenneth R. Simmonds written by K. Simmonds and published by Springer. This book was released on 1998-07-15 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Nature of International Law in the Twenty-First Century draws together contributions of leading international legal scholars respecting major themes of the future of international law in the new century. The papers have been collected in honour of the late Professor Kenneth R. Simmonds, former Director of the British Institute of International and Comparative Law and Professor of Law at Queen Mary and Westfield College, University of London. The book is divided into three parts: Public International Law, International Dispute Resolution, and European and Other Regional Integration, which constitute the important themes and currents in international law today and in the future. The sections also represent the areas that were of personal interest to Professor Simmonds and in which he was a leading contributor until his death. This book will be of prime interest to international legal scholars or legal practitioners interested in the specific themes addressed within the volume.
Book Synopsis The Making of International Law by : Alan Boyle
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Book Synopsis A Nascent Common Law by : Frédéric Gilles Sourgens
Download or read book A Nascent Common Law written by Frédéric Gilles Sourgens and published by Hotei Publishing. This book was released on 2015-03-20 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
Book Synopsis Global Civil Society in International Lawmaking and Global Governance by : Barbara Woodward
Download or read book Global Civil Society in International Lawmaking and Global Governance written by Barbara Woodward and published by BRILL. This book was released on 2010-05-17 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law scholarship has not adequately recognised the magnitude of the role of ‘global civil society’ in ‘global governance’ and ‘international lawmaking.’ Building upon theoretical, historical and legal scholarship and presenting studies of GCS actor practice in a wide range of lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book convincingly demonstrates that GCS actors have created and influenced the creation of norms of binding public international law and influential non-binding ‘soft’ or non-law. It presents a compelling case that calls for augmenting GCS access to information, participation in legal decision-making processes for those likely to be affected, and access justice thereby enhancing the legitimacy of public international law.
Book Synopsis An Index to Common Law Festschriften by : Michael Taggart
Download or read book An Index to Common Law Festschriften written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 2006-09-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.
Book Synopsis The New Legal Order in Hong Kong by : Raymond Wacks
Download or read book The New Legal Order in Hong Kong written by Raymond Wacks and published by Hong Kong University Press. This book was released on 1999-11-01 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University
Book Synopsis Cultural Products and the World Trade Organization by : Tania Voon
Download or read book Cultural Products and the World Trade Organization written by Tania Voon and published by Cambridge University Press. This book was released on 2007-06-28 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.
Author :International Tribunal for the Law of the Sea Publisher :Martinus Nijhoff Publishers ISBN 13 :9789041115003 Total Pages :164 pages Book Rating :4.1/5 (15 download)
Book Synopsis Yearbook 1998 by : International Tribunal for the Law of the Sea
Download or read book Yearbook 1998 written by International Tribunal for the Law of the Sea and published by Martinus Nijhoff Publishers. This book was released on 2000-10-01 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an international court dealing with maritime disputes. The Tribunal is open to States, international organizations and other entities. The "Yearbook" will give lawyers, scholars, students as well as the general public easy access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 1998. The "Yearbook" was prepared by the Registry of the Tribunal. The Tribunal has also published a volume of "Basic Texts" which contains documents that are fundamental to the mandate and operation of the Tribunal and which provides the essential documentation relating to the law and procedure applicable to the Tribunal. The "Yearbook" is also available in French (Annuaire).
Book Synopsis Economic Law in Globalizing Markets by : Karl Matthias Meessen
Download or read book Economic Law in Globalizing Markets written by Karl Matthias Meessen and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many product markets have gone global already. Others are following. The globalization of markets is well understood by business. It has also come to dominate the economic policy agenda of nation states and supranational organizations. They all compete for inward investment to create and preserve employment opportunities. Economic law is one of several parameters in the global competition of systems. This study takes note of that new and additional function of economic law. Part I sets out to examine the making of economic law by states, by business and by international and supranational organizations. Part II discusses some of the main rules of substantive economic law divided into chapters on market law, transactions law and property rights law, and Part III addresses key issues of enforcement by the executive branch, on the one hand, and by the judiciary and arbitral tribunals, on the other. Each of the 32 chapters contains an essay on a current cross-border related problem of economic law, often as reflected in recent case law. Nearly 300 cases are discussed, or at least referred to, in that way. They were selected from international case law and from cases decided by EC, US and German courts (and courts of ten more countries) as well as by ICC, ICSID and other arbitral tribunals. The introductory notes to, and summaries of, the various parts and chapters integrate economic and political theory, and provide the common thread. The overall conclusion is to advocate a transnational approach, problem oriented and cutting right across all layers of sources of law (international, supranational, national and transnational law). It distinguishes neatly between public and private law aspects of economic law but decidedly treats them together. The book is of interest to academia and practitioners, both for references to current problems and for a vue d'ensemble. Advanced students might use the book to understand the logic of today's economic law. In addition to decades of research in international economic law, the author capitalizes on his exposure to a wide array of practical issues as well as on six years of English language teaching in Geneva. STUDIES IN TRANSNATIONAL ECONOMIC LAW 20
Book Synopsis Freshwater Access from a Human Rights Perspective by : Knut Bourquain
Download or read book Freshwater Access from a Human Rights Perspective written by Knut Bourquain and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.
Book Synopsis Women's Human Rights by : Anne Hellum
Download or read book Women's Human Rights written by Anne Hellum and published by Cambridge University Press. This book was released on 2013-07-11 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Convention on the Elimination of All Forms of Discrimination against Women in various international, regional and national contexts.
Book Synopsis Governing Disasters by : Shahla F. Ali
Download or read book Governing Disasters written by Shahla F. Ali and published by Cambridge University Press. This book was released on 2016-06-30 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: With growing awareness of the devastation caused by major natural disasters, alongside integration of governance and technology networks, the parameters of humanitarian aid are becoming more global. At the same time, humanitarian instruments are increasingly recognizing the centrality of local participation. Drawing on six case studies and a survey of sixty-nine members of the relief sector, this book suggests that the key to the efficacy of post-disaster recovery is the primacy given to local actors in the management, direction and design of relief programs. Where local partnership and knowledge generation and application is ongoing, cohesive, meaningful and inclusive, disaster relief efforts are more targeted, cost-effective, efficient and timely. Governing Disasters: Engaging Local Populations in Humanitarian Relief examines the interplay between law, governance and collaborative decision making with international, state, private sector and community actors in order to understand the dynamics of a global decentralized yet coordinated process of post-disaster humanitarian assistance.
Book Synopsis Consent in International Arbitration by : Andrea M. Steingruber
Download or read book Consent in International Arbitration written by Andrea M. Steingruber and published by OUP Oxford. This book was released on 2012-03-15 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.
Book Synopsis The Resolution of Inter-State Disputes in Civil Aviation by : Luping Zhang
Download or read book The Resolution of Inter-State Disputes in Civil Aviation written by Luping Zhang and published by Oxford University Press. This book was released on 2022-01-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.
Book Synopsis Michigan Journal of International Law by :
Download or read book Michigan Journal of International Law written by and published by . This book was released on 1998 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Annuaire Tribunal international du droit de la mer, Volume 2 (1998) by : International Tribunal for the Law of th
Download or read book Annuaire Tribunal international du droit de la mer, Volume 2 (1998) written by International Tribunal for the Law of th and published by BRILL. This book was released on 2021-10-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le Tribunal international du droit de la mer est une juridiction internationale qui traite des différends d'ordre maritime. Le Tribunal est ouvert aux Etats, aux organisations internationales et à d'autres entités. L'Annuaire offre aux juristes, aux universitaires, aux étudiants, ainsi qu'au public dans son ensemble, l'accès à des informations concernant la compétence, la procédure et l'organisation du Tribunal, ainsi que la composition de celui-ci au cours de l'année 1998. L'Annuaire a été établi par le Greffe du Tribunal. Le Tribunal a également publié un volume de textes de base contenant des documents qui constitue le fondement du mandat et du fonctionnement du Tribunal, et qui représentent l'essentiel de la documentation relative aux dispositions juridiques et à la procédure qu'applique le Tribunal. L'Annuaire est aussi disponible en anglais (Yearbook).
Book Synopsis Public International Law by : Peter Macalister-Smith
Download or read book Public International Law written by Peter Macalister-Smith and published by . This book was released on 2006 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
