Trilateral Perspectives On International Legal Issues

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Austrian Review of International and European Law

Author : Gerhard Loibl
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041115362
Total Pages : 470 pages
Book Rating : 4.1/5 (153 download)

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Book Synopsis Austrian Review of International and European Law by : Gerhard Loibl

Download or read book Austrian Review of International and European Law written by Gerhard Loibl and published by Martinus Nijhoff Publishers. This book was released on 2001-01-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprises scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.

A Transcivilizational Perspective on International Law

Author : Onuma Yasuaki
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186891
Total Pages : 493 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis A Transcivilizational Perspective on International Law by : Onuma Yasuaki

Download or read book A Transcivilizational Perspective on International Law written by Onuma Yasuaki and published by Martinus Nijhoff Publishers. This book was released on 2010-07-15 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

Perspectives on International Law

Author : Nandasiri Jasentuliyana
Publisher : BRILL
ISBN 13 : 9004639764
Total Pages : 578 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Perspectives on International Law by : Nandasiri Jasentuliyana

Download or read book Perspectives on International Law written by Nandasiri Jasentuliyana and published by BRILL. This book was released on 2023-10-09 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to Perspectives on International Law honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.

Countermeasures, the International Legal System, and Environmental Violations

Author :
Publisher : Cambria Press
ISBN 13 : 1621969517
Total Pages : 426 pages
Book Rating : 4.6/5 (219 download)

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Book Synopsis Countermeasures, the International Legal System, and Environmental Violations by :

Download or read book Countermeasures, the International Legal System, and Environmental Violations written by and published by Cambria Press. This book was released on with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Northeast Asian Perspectives on International Law

Author : Seokwoo Lee
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257098
Total Pages : 209 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Northeast Asian Perspectives on International Law by : Seokwoo Lee

Download or read book Northeast Asian Perspectives on International Law written by Seokwoo Lee and published by Martinus Nijhoff Publishers. This book was released on 2013-08-29 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, Northeast Asia has been one of the most dynamic and dangerous parts of the world. Encompassing Japan, the People’s Republic of China, and North and South Korea, the region has undoubtedly acquired a greater global geopolitical and economic significance in recent years. Now home to two of the three largest economies in the world, with the exception of North Korea, all of the countries in the region experienced rapid economic development which has resulted in Northeast Asia accounting for one-fifth of world production, one-sixth of world trade, and one-half of the world’s foreign currency reserves. This great economic dynamism is complemented by the tremendous political forces that animate the region, such as China’s ascendency to a global power challenging the United States and the European Union, tensions over nuclear weapons on the Korean peninsula, and Japan’s desire to validate itself as a legitimate international force with a permanent seat on the UN Security Council. All of these modern issues faced by the region are matters of international law. Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges contends that international law is not only poised to take a bigger role in bringing about a resolution to these questions, but international lawyers of the region are working to bring about greater regional cooperation and integration as seen in other regions in the world. This edited volume was inspired by the first joint international academic conference of international lawyers from the Chinese Society of International Law, Japanese Society of International Law, and Korean Society of International Law which took place in Seoul, Korea on July 3, 2010. With a range of timely topics including, but not limited to, North Korean human rights, the South China Sea, and Japan’s efforts in UN peacekeeping operations, the esteemed contributors to Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges examine how international law can promote peace and justice in Northeast Asia. Legal scholars, students of international law and international relations, policymakers and historians will find Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges to be an invaluable resource.

Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry

Author : Emeka Duruigbo
Publisher : BRILL
ISBN 13 : 9004480730
Total Pages : 278 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry by : Emeka Duruigbo

Download or read book Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry written by Emeka Duruigbo and published by BRILL. This book was released on 2021-10-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author proposes that international law can be strengthened by incorporating and integrating multinational corporations more fully into the international legal system. The establishment of international norms of corporate responsibility and accountability under accepted international law could thereby lead to mutual benefits. Multinational corporations would enjoy de jure protections enhancing their global business activities; and countries where these corporations have considerable social, economic and environmental effect on their communities will have recourse to hold corporations accountable for harmful actions. Published under the Transnational Publishers imprint.

Judicial Decisions in International Law Argumentation

Author : Letizia Lo Giacco
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948961
Total Pages : 227 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Decisions in International Law Argumentation by : Letizia Lo Giacco

Download or read book Judicial Decisions in International Law Argumentation written by Letizia Lo Giacco and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

Yearbook International Tribunal for the Law of the Sea, Volume 9 (2005)

Author : International Tribunal for the Law of th
Publisher : BRILL
ISBN 13 : 9047411781
Total Pages : 268 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea, Volume 9 (2005) by : International Tribunal for the Law of th

Download or read book Yearbook International Tribunal for the Law of the Sea, Volume 9 (2005) written by International Tribunal for the Law of th and published by BRILL. This book was released on 2006-09-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Resolution in the Law of the Sea

Author : Igor V. Karaman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004212027
Total Pages : 439 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Dispute Resolution in the Law of the Sea by : Igor V. Karaman

Download or read book Dispute Resolution in the Law of the Sea written by Igor V. Karaman and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 15 (2011)

Author : International Tribunal for the Law
Publisher : BRILL
ISBN 13 : 900422789X
Total Pages : 535 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 15 (2011) by : International Tribunal for the Law

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 15 (2011) written by International Tribunal for the Law and published by BRILL. This book was released on 2022-08-15 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yearbook - Annuaire 2011 The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. The Yearbook - Annuaire will give lawyers, scholars, students as well as the general public access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2011. The Yearbook is prepared by the Registry of the Tribunal. Until 2007, it was published in two separate volumes, English (Yearbook) and French (Annuaire). Since 2008, the Yearbook - Annuaire is published as a bilingual volume.

Japanese Maritime Security and Law of the Sea

Author : Yurika Ishii
Publisher : BRILL
ISBN 13 : 9004500413
Total Pages : 255 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Japanese Maritime Security and Law of the Sea by : Yurika Ishii

Download or read book Japanese Maritime Security and Law of the Sea written by Yurika Ishii and published by BRILL. This book was released on 2021-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

The United Nations Security Council and War

Author : Vaughan Lowe
Publisher : OUP Oxford
ISBN 13 : 0191614939
Total Pages : 816 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The United Nations Security Council and War by : Vaughan Lowe

Download or read book The United Nations Security Council and War written by Vaughan Lowe and published by OUP Oxford. This book was released on 2010-04-15 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Theories and Practices of Compliance with WTO Law

Author : Yenkong Ngangjoh Hodu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142088
Total Pages : 341 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Theories and Practices of Compliance with WTO Law by : Yenkong Ngangjoh Hodu

Download or read book Theories and Practices of Compliance with WTO Law written by Yenkong Ngangjoh Hodu and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance with international institutional norms is often conceived as a yardstick with which to test the effectiveness of international law. However, the ongoing failure of the WTO regime to elicit compliance with its agreements has led many legal theorists to reject this view in favour of a ‘realism’ that describes an international system, void of any authority to enforce rules, in which egoistic states calculate their own interests in light of the existing distribution of power. An ‘institutionalist’ riposte, which insists on the capability of states to come together nonetheless to make binding rules that will determine their behaviour vis-à-vis each other, of necessity focuses on developing enforceable remedies when rules are not complied with. Confronting this stark and apparently intractable situation, this book applies social science theories to the question as to why nation-states comply or do not comply with international trade law obligations. The author examines various theories of compliance in the context of world trade law, and discusses ways in which a much more robust compliance with global trade rules may be ensured. In the course of the analysis numerous germane issues arise, including the following: the stalemate in the WTO judicial and political process; third party rights and WTO Law compliance; the role of arbitrators in determining reasonable period of time; contract theory; reputation costs; good faith obligations required by pacta sunt servanda; imposing remedies collectively; multilateral enforcement of DSB findings; and early determination of injuries once nullification and impairment have been established. The author’s approach leads not only to a new understanding of the function of the WTO as a legal system, but also to well-grounded recommendations concerning remedies that address the issue of continuous breach of legal duties in the WTO. This is a timely and accessible analysis of an increasingly important aspect of the interface of international trade law and economics. It will undoubtedly lead to a deeper debate and accelerate the inevitability of effective practical action. Policymakers, practitioners, and academics in different fields of social sciences will appreciate its forward-looking perspective in identifying the issues that are now assuming centre stage in international economic law.

Sovereignty and the Global Community

Author : Howard M. Hensel
Publisher : Routledge
ISBN 13 : 1351148702
Total Pages : 285 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Sovereignty and the Global Community by : Howard M. Hensel

Download or read book Sovereignty and the Global Community written by Howard M. Hensel and published by Routledge. This book was released on 2017-11-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: International normative standards constitute a major influence on the policies of states and other actors in the international system, as well as on the development of the international system itself. This case study-rich volume demonstrates the relevance of international normative ideals and standards, outlining some of the major opportunities for, and the challenges affecting, co-operation among members of the international community. Contemporary problems such as weapons of mass destruction, refugees and internally displaced persons, ethnic conflict, and the environment are all explored in this timely volume. Sovereignty and the Global Community will prove an excellent resource for all interested in issues of sovereignty, sustainable development, resource management and the peaceful resolution of conflicts.

Studies in International Law and History

Author : R.P. Anand
Publisher : BRILL
ISBN 13 : 9004480285
Total Pages : 301 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Studies in International Law and History by : R.P. Anand

Download or read book Studies in International Law and History written by R.P. Anand and published by BRILL. This book was released on 2021-10-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book.

Human Rights and the Refugee Definition

Author : Bruce Burson
Publisher : BRILL
ISBN 13 : 9004288597
Total Pages : 427 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Human Rights and the Refugee Definition by : Bruce Burson

Download or read book Human Rights and the Refugee Definition written by Bruce Burson and published by BRILL. This book was released on 2016-02-02 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

The Hague Judgments Convention and Commonwealth Model Law

Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947094
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Hague Judgments Convention and Commonwealth Model Law by : Abubakri Yekini

Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.