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The Financial Obligation In International Law
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Author :Rutsel Silvestre J. Martha Publisher :Oxford University Press, USA ISBN 13 :019873638X Total Pages :657 pages Book Rating :4.1/5 (987 download)
Book Synopsis The Financial Obligation in International Law by : Rutsel Silvestre J. Martha
Download or read book The Financial Obligation in International Law written by Rutsel Silvestre J. Martha and published by Oxford University Press, USA. This book was released on 2015 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligations created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligations (e.g. loans and grants) but include secondary obligations resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financial transactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors (including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations. Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligations.
Book Synopsis International Financial Institutions and International Law by : Daniel D. Bradlow
Download or read book International Financial Institutions and International Law written by Daniel D. Bradlow and published by Kluwer Law International B.V.. This book was released on 2010-09-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: • IFIs’ impact on economic policies in Member States; • IFI operations as private financial transactions; • IFIs as key players in the creation of international law; • IFIs as promoters of the international capitalist system; • IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; • consequences of an IFI’s breach of its own internal policies or directives; • IFI immunity; • IFI capacity to sue and to be sued in national courts; • ability of various claimants to sue IFIs in domestic courts; • environmental and social rights and interests of third parties affected by IFI financing; • right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and • IFIs’ treatment of workers’ rights.
Book Synopsis Human Rights Obligations of the World Bank and the IMF by : Sigrun Skogly
Download or read book Human Rights Obligations of the World Bank and the IMF written by Sigrun Skogly and published by Routledge. This book was released on 2012-11-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
Book Synopsis Conflict of Laws and International Finance by : Philip R. Wood
Download or read book Conflict of Laws and International Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
Book Synopsis The Law of International Responsibility by : James Crawford
Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
Book Synopsis Global Justice, State Duties by : Malcolm Langford
Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Book Synopsis The Financial Obligation in International Law by : Rutsel Silvestre J Martha
Download or read book The Financial Obligation in International Law written by Rutsel Silvestre J Martha and published by Oxford University Press. This book was released on 2015-03-19 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligation (e.g. loans and grants) but include secondary obligation resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financial transactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors (including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations. Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligation.
Book Synopsis Principles of International Financial Law by : Colin Bamford
Download or read book Principles of International Financial Law written by Colin Bamford and published by Oxford University Press. This book was released on 2011-02-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: By explaining the principles on which the legal rules applied in common law financial transactions are based, this book covers the concepts that underpin these rules and the evolution of particular legal structures.
Book Synopsis The Law and Regulation of International Finance by : Ravi C. Tennekoon
Download or read book The Law and Regulation of International Finance written by Ravi C. Tennekoon and published by Butterworth-Heinemann. This book was released on 1991 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for solicitors in commercial practice, in-house counsel of banks and other financial institutions, merchant and investment bankers, and post-graduate students, this book considers the legal aspects of the principal financial and loan instruments of international finance - their construction, marketing and administration. The analysis includes coverage of the Financial Services Act 1986, the Contracts (Applicable Law) Act 1990 (the EC Rome Convention) and the new United States Regulation 5.
Book Synopsis The Basis of Obligation in International Law and Other Papers by : James Leslie Brierly
Download or read book The Basis of Obligation in International Law and Other Papers written by James Leslie Brierly and published by . This book was released on 1977 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Basis of Obligation in International Law and Other Papers by : J. L. Brierly
Download or read book The Basis of Obligation in International Law and Other Papers written by J. L. Brierly and published by . This book was released on 1959 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Obligations Under International Law by : Markos Karavias
Download or read book Corporate Obligations Under International Law written by Markos Karavias and published by Oxford University Press. This book was released on 2013-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.
Book Synopsis Contemporary International Law by : Werner Levi
Download or read book Contemporary International Law written by Werner Levi and published by Westview Press. This book was released on 1979-03-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Enforcement of International Debt Obligations by : David M. Sassoon
Download or read book Judicial Enforcement of International Debt Obligations written by David M. Sassoon and published by University Press of Amer. This book was released on 1987 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the legal issues that are likely to be most significant in any judicial action to enforce a debt obligation. The first half of the book discusses procedural issues, including forum selection and governing law, serving process outside the forum, enforcement of judgements, and sovereign immunity. The second half of the book focuses on the defenses most likely to be raised by defendant debtors in a judicial action, such as the act-of-state doctrine, comity, and force majuere; defenses arising under the IMF Articles of Agreement; and defenses that arise under the debtor's own law. Throughout, the book's central focus is on American law, particularly New York law because many loan agreements stipulate that New York law is the governing law in the event of litigation.
Book Synopsis The Globalized Governance of Finance by : David Zaring
Download or read book The Globalized Governance of Finance written by David Zaring and published by Cambridge University Press. This book was released on 2019-12-12 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the global, informal process supervising the financial system is an overlooked form of international governance that actually works.
Book Synopsis Due Diligence in International Law by : Joanna Kulesza
Download or read book Due Diligence in International Law written by Joanna Kulesza and published by BRILL. This book was released on 2016-08-25 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.
Book Synopsis International Financial and Monetary Law by : Rosa María Lastra
Download or read book International Financial and Monetary Law written by Rosa María Lastra and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a leading authority on central banking and financial regulation, including detailed legal and policy analysis of the institutions that safeguard monetary stability and financial stability nationally, at the EU level and globally. The new edition has been renamed (previously 'Legal Foundations of International Monetary Stability') to better reflect the book's breadth of coverage, which includes an in-depth study of central banking, a fresh look at supervision, regulation and crisis management after the global financial crisis. It also includes updated material on the law of the European Central Bank and banking union, the law of the IMF and work undertaken by international standard-setters, in particular the FSB and the Basel Committee. Part I focuses on national developments, Part II deals with EU developments and Part III examines international developments. Each of these sections commences with a historical chapter, then analyses the framework of the 'monetary architecture'. Finally, each part considers the 'financial architecture' with regard to the functions of financial supervision (micro and macro) and surveillance, regulation and crisis management, including lender of last resort and resolution.