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The Unruly Notion Of Abuse Of Rights
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Book Synopsis The Unruly Notion of Abuse of Rights by : Jan Paulsson
Download or read book The Unruly Notion of Abuse of Rights written by Jan Paulsson and published by Cambridge University Press. This book was released on 2020-08-06 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.
Book Synopsis The Duty to Safeguard the Object and Purpose of Pending Treaties by : Agnes Viktoria Rydberg
Download or read book The Duty to Safeguard the Object and Purpose of Pending Treaties written by Agnes Viktoria Rydberg and published by BRILL. This book was released on 2023-09-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.
Book Synopsis International Investment Law and General International Law by : Christian J. Tams
Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2023-01-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Book Synopsis International Law and the Principle of Non-Intervention by : Marco Roscini
Download or read book International Law and the Principle of Non-Intervention written by Marco Roscini and published by Oxford University Press. This book was released on 2024-06-06 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.
Author :Professor of International Law Marco Roscini Publisher :Oxford University Press ISBN 13 :0198786891 Total Pages :497 pages Book Rating :4.1/5 (987 download)
Book Synopsis International Law and the Principle of Non-Intervention by : Professor of International Law Marco Roscini
Download or read book International Law and the Principle of Non-Intervention written by Professor of International Law Marco Roscini and published by Oxford University Press. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.
Book Synopsis Good Faith in International Arbitration by : Elliott E. Geisinger
Download or read book Good Faith in International Arbitration written by Elliott E. Geisinger and published by Kluwer Law International B.V.. This book was released on 2024-01-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties’ obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
Book Synopsis General International Law in International Investment Law by :
Download or read book General International Law in International Investment Law written by and published by Oxford University Press. This book was released on 2024-02-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Book Synopsis The International Law of Energy by : Jorge E. Viñuales
Download or read book The International Law of Energy written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2022-09-15 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world's energy structure underpins the global environmental crisis and changing it will require regulatory change at a massive level. Energy is highly regulated in international law, but the field has never been comprehensively mapped. The legal sources on which the governance of energy is based are plentiful but they are scattered across a vast legal expanse. This book is the first single-authored study of the international law of energy as a whole. Written by a world-leading expert, it provides a comprehensive account of the international law of energy and analyses the implications of the ongoing energy transformation for international law. The study combines conceptual and doctrinal analysis of all the main rules, processes and institutions to consider the past, present and likely future of global energy governance. Providing a solid foundation for teaching, research and practice, this book addresses both the theory and real-world policy dimension of the international law of energy.
Download or read book Freedom written by Annelien De Dijn and published by Harvard University Press. This book was released on 2020-07-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The invention of modern freedom—the equating of liberty with restraints on state power—was not the natural outcome of such secular Western trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the Atlantic Revolutions. We tend to think of freedom as something that is best protected by carefully circumscribing the boundaries of legitimate state activity. But who came up with this understanding of freedom, and for what purposes? In a masterful and surprising reappraisal of more than two thousand years of thinking about freedom in the West, Annelien de Dijn argues that we owe our view of freedom not to the liberty lovers of the Age of Revolution but to the enemies of democracy. The conception of freedom most prevalent today—that it depends on the limitation of state power—is a deliberate and dramatic rupture with long-established ways of thinking about liberty. For centuries people in the West identified freedom not with being left alone by the state but with the ability to exercise control over the way in which they were governed. They had what might best be described as a democratic conception of liberty. Understanding the long history of freedom underscores how recently it has come to be identified with limited government. It also reveals something crucial about the genealogy of current ways of thinking about freedom. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries of the seventeenth and eighteenth centuries who created our modern democracies—it was invented by their critics and opponents. Rather than following in the path of the American founders, today’s “big government” antagonists more closely resemble the counterrevolutionaries who tried to undo their work.
Download or read book Unruly Women written by Victoria E. Bynum and published by UNC Press Books. This book was released on 2016-08-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this richly detailed and imaginatively researched study, Victoria Bynum investigates "unruly" women in central North Carolina before and during the Civil War. Analyzing the complex and interrelated impact of gender, race, class, and region on the lives of black and white women, she shows how their diverse experiences and behavior reflected and influenced the changing social order and political economy of the state and region. Her work expands our knowledge of black and white women by studying them outside the plantation setting. Bynum searched local and state court records, public documents, and manuscript collections to locate and document the lives of these otherwise ordinary, obscure women. Some appeared in court as abused, sometimes abusive, wives, as victims and sometimes perpetrators of violent assaults, or as participants in ilicit, interracial relationships. During the Civil War, women freqently were cited for theft, trespassing, or rioting, usually in an effort to gain goods made scarce by war. Some women were charged with harboring evaders or deserters of the Confederacy, an act that reflected their conviction that the Confederacy was destroying them. These politically powerless unruly women threatened to disrupt the underlying social structure of the Old South, which depended on the services and cooperation of all women. Bynum examines the effects of women's social and sexual behavior on the dominant society and shows the ways in which power flowed between private and public spheres. Whether wives or unmarried, enslaved or free, women were active agents of the society's ordering and dissolution.
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis Denial of Justice in International Law by : Jan Paulsson
Download or read book Denial of Justice in International Law written by Jan Paulsson and published by Cambridge University Press. This book was released on 2005-10-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Book Synopsis An Introduction to International Arbitration by : Ilias Bantekas
Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Book Synopsis Too Fat, Too Slutty, Too Loud by : Anne Helen Petersen
Download or read book Too Fat, Too Slutty, Too Loud written by Anne Helen Petersen and published by Penguin. This book was released on 2017 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: You know the type: the woman who won't shut up, who's too brazen, too opinionated - too much. She's the unruly woman, and she embodies one of the most provocative and powerful forms of womanhood today. In Too Fat, Too Slutty, Too Loud, popular BuzzFeed columnist Anne Helen Petersen examines this phenomenon, using the lens of 'unruliness' to discuss the ascension of pop culture powerhouses like Amy Schumer, Nicki Minaj, and Caitlyn Jenner, and why the public loves to love (and hate) these controversial figures.
Book Synopsis The True Story of a Mouse Who Never Asked for It by : Ana Cristina Herreros
Download or read book The True Story of a Mouse Who Never Asked for It written by Ana Cristina Herreros and published by Unruly Records. This book was released on 2021-06-22 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The True Story of a Mouse Who Never Asked for It is a visually striking, deeply feminist, contemporary retelling of a Spanish folk tale, rediscovered and brought to new life by author Ana Cristina Herreros and illustrator Violeta Lopiz. In Herreros and Lopiz's version--which sharply diverges from the most mainstream and popularized telling of the story--a mouse is approached by many suitors, rejecting all but one: a cat, whose gentle meow assures her that he won't bring her harm. But one must remember that a kitten always grows up to be a cat...and thusly, will devour the mouse.
Book Synopsis The Cunning of Freedom by : Ryszard Legutko
Download or read book The Cunning of Freedom written by Ryszard Legutko and published by Encounter Books. This book was released on 2021-01-12 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has two currents. The first is an analysis of the three concepts of freedom that are called, respectively, negative, positive, and inner. Negative freedom is defined as an absence of coercion, positive freedom as an ability to rule oneself and others, inner freedom as being oneself; that is, being the author of one’s decisions. Each concept is analyzed both in terms of its development in the history of ideas and in terms of its internal logic. The major problem of negative freedom is to find widely accepted rules according to which this freedom can be distributed. Positive freedom’s major difficulty is to define what constitutes a free person. The greatest dilemma with inner freedom is how to correlate it with the proper interpretation of the human self. The book advances the thesis, and this constitutes the other current of its narrative—that we have been witnessing the advent of a new form of despotism, much of it being the effect of liberalism’s dominant position. Precisely because it took a reductionist position, liberalism has impoverished our view of freedom and, consequently, our notion of human nature with its political, moral, and metaphysical dimensions.
Book Synopsis General Principles of Law as Applied by International Courts and Tribunals by : Bin Cheng
Download or read book General Principles of Law as Applied by International Courts and Tribunals written by Bin Cheng and published by Cambridge University Press. This book was released on 2006-11-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
