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Reflections On International Law From The Low Countries
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Book Synopsis Reflections on International Law from the Low Countries by : Paul J. I. M. De Waart
Download or read book Reflections on International Law from the Low Countries written by Paul J. I. M. De Waart and published by Martinus Nijhoff Publishers. This book was released on 1998-01-01 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings together 28 essays specially written by international lawyers based in or associated with The Netherlands & Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam. The experience & insight derived from his careers as journalist, foreign affairs officer, diplomat, pragmatic administrator & law professor have made him a distinguished scholar. His work has resulted in a host of academic publications on contemporary international law issues. The topics are clustered around the main foci of the research interests of Paul de Waart, including: international economic law & development, human rights, international criminal jurisdiction, the United Nations & peace & security, the protection of cultural property & the environment, & international dispute settlement. The international law communities in the Low Countries are linked through many bonds such as language (Dutch & Flemish), legal history, common teachers, & frequent inter-university contacts. As such the book may be viewed as a reflection of international law studies as they are currently practised in these two countries.
Book Synopsis Reflections on International Law from the Low Countries by : Denters
Download or read book Reflections on International Law from the Low Countries written by Denters and published by Martinus Nijhoff Publishers. This book was released on 2023-09-25 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 International Law and Sustainable Development by : Nico J. Schrijver
Download or read book International Law and Sustainable Development written by Nico J. Schrijver and published by BRILL. This book was released on 2004-08-10 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.
Book Synopsis Democratic Accountability and the Use of Force in International Law by : Charlotte Ku
Download or read book Democratic Accountability and the Use of Force in International Law written by Charlotte Ku and published by Cambridge University Press. This book was released on 2003-02-13 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Book Synopsis International Sustainable Development Law - Volume I by : A. F. Munir Maniruzzaman
Download or read book International Sustainable Development Law - Volume I written by A. F. Munir Maniruzzaman and published by EOLSS Publications. This book was released on 2010-10-30 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Sustainable Development Law is a component of Encyclopedia of Development and Economic Sciences in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on International Sustainable Development Law reflects on the rights and duties of states and other actors in the development process. The chapters range from International Development Law standard applications of economic theory to more radical approaches. These three volumes are aimed at the following five major target audiences: University and College Students Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers, NGOs and GOs.
Book Synopsis Remedies Under the WTO Legal System by : R. Rajesh Babu
Download or read book Remedies Under the WTO Legal System written by R. Rajesh Babu and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
Book Synopsis Disobeying the Security Council by : Antonios Tzanakopoulos
Download or read book Disobeying the Security Council written by Antonios Tzanakopoulos and published by OUP Oxford. This book was released on 2013-02-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses. The central thesis of this work is that states can respond to unlawful sanctions imposed by the Security Council, in a decentralized manner, by disobeying the Security Council's command. In international law, this disobedience can be justified as constituting a countermeasure to the Security Council's unlawful act. Recent practice of states, both in the form of executive acts and court decisions, demonstrates an increasing tendency to disobey sanctions that are perceived as unlawful. After discussing other possible qualifications of disobedience under international law, the book concludes that this practice can (and should) be qualified as a countermeasure.
Book Synopsis The Pillars of Global Law by : Giuliana Ziccardi Capaldo
Download or read book The Pillars of Global Law written by Giuliana Ziccardi Capaldo and published by Routledge. This book was released on 2016-02-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
Book Synopsis Global Human Rights Institutions by : Gerd Oberleitner
Download or read book Global Human Rights Institutions written by Gerd Oberleitner and published by John Wiley & Sons. This book was released on 2013-04-30 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The range of global human rights institutions which have been created over the past half century is a remarkable achievement. Yet, their establishment and proliferation raises important questions. Why do states create such institutions and what do they want them to achieve? Does this differ from what the institutions themselves seek to accomplish? Are global human rights institutions effective remedies for violations of human dignity or temples for the performance of stale bureaucratic rituals? What happens to human rights when they are being framed in global institutions? This book is an introduction to global human rights institutions and to the challenges and paradoxes of institutionalizing human rights. Drawing on international legal scholarship and international relations literature, it examines UN institutions with a human rights mandate, the process of mainstreaming human rights, international courts which adjudicate human rights, and non-governmental human rights organizations. In mapping the ever more complex network of global human rights institutions it asks what these institutions are and what they are for. It critically assesses and appraises the ways in which global institutions bureaucratize human rights, and reflects on how this process is changing our perception of human rights.
Author :Academie De Droit International de la Haye Publisher :Martinus Nijhoff Publishers ISBN 13 :9789041114884 Total Pages :444 pages Book Rating :4.1/5 (148 download)
Book Synopsis Recueil Des Cours/Collected Courses, Volume 281 (1999) by : Academie De Droit International de la Haye
Download or read book Recueil Des Cours/Collected Courses, Volume 281 (1999) written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 2001-04-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: Since the end of the Second World War, cross-border relations among nations have intensified on a large scale, and, in addition to international peace and security, many other problems have arisen that possess worldwide dimensions. However, international law is still predicated on the basic rule of national sovereignty. Given this discrepancy, humankind is called upon to establish a system of international governance that is able to deal effectively with all the challenges that threaten its survival as a civilized community of nations. Practice is already evolving in that direction.
Book Synopsis The Triggering Procedure of the International Criminal Court by : Héctor Olásolo
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Book Synopsis Claims of Dual Nationals and the Development of Customary International Law by : Mohsen Aghahosseini
Download or read book Claims of Dual Nationals and the Development of Customary International Law written by Mohsen Aghahosseini and published by BRILL. This book was released on 2007-07-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.
Book Synopsis International Law and Dispute Settlement by : Duncan French
Download or read book International Law and Dispute Settlement written by Duncan French and published by Bloomsbury Publishing. This book was released on 2010-03-04 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.
Book Synopsis Protection of Personnel in Peace Operations by : Ola Engdahl
Download or read book Protection of Personnel in Peace Operations written by Ola Engdahl and published by BRILL. This book was released on 2007-02-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.
Book Synopsis The Paradox of Consensualism in International Law by : C.L. Lim
Download or read book The Paradox of Consensualism in International Law written by C.L. Lim and published by BRILL. This book was released on 2024-01-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
Book Synopsis The International Law Character of the Iran-United States Claims Tribunal by : Mohsen Mohebi
Download or read book The International Law Character of the Iran-United States Claims Tribunal written by Mohsen Mohebi and published by Martinus Nijhoff Publishers. This book was released on 1999-10-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of "res judicata" regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. "The International Law Character of the Iran-United States Claims Tribunal" includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail inPart Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.