Codification In International Perspective

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
Page : 374 pages
File Size : 47,8 Mb
Release : 2014-02-12
Category : Law
ISBN : 9783319034553

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Codification in International Perspective by Wen-Yeu Wang Pdf

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
Page : 248 pages
File Size : 51,6 Mb
Release : 2014-02-07
Category : Law
ISBN : 9783319034461

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Codification in East Asia by Wen-Yeu Wang Pdf

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Author : Dr Therese Wilson,Professor Mary Keyes
Publisher : Ashgate Publishing, Ltd.
Page : 241 pages
File Size : 51,8 Mb
Release : 2014-12-28
Category : Law
ISBN : 9781472415639

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Codifying Contract Law by Dr Therese Wilson,Professor Mary Keyes Pdf

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Author : Ramaa Prasad Dhokalia
Publisher : Manchester University Press
Page : 394 pages
File Size : 52,8 Mb
Release : 1970
Category : International law
ISBN : 8210379456XXX

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The Codification of Public International Law by Ramaa Prasad Dhokalia Pdf

Author : Zuzanna Pepłowska-Dąbrowska,Justyna Nawrot
Publisher : Taylor & Francis
Page : 345 pages
File Size : 47,7 Mb
Release : 2019-11-21
Category : Law
ISBN : 9781000737004

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Codification of Maritime Law by Zuzanna Pepłowska-Dąbrowska,Justyna Nawrot Pdf

This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states’ maritime administrations worldwide.

Author : Wen-Yeu Wang
Publisher : Springer
Page : 0 pages
File Size : 49,5 Mb
Release : 2016-09-03
Category : Law
ISBN : 3319346687

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Codification in East Asia by Wen-Yeu Wang Pdf

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Author : Mary Keyes,Therese Wilson
Publisher : Routledge
Page : 240 pages
File Size : 47,6 Mb
Release : 2020-06-30
Category : Electronic
ISBN : 0367599945

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Codifying Contract Law by Mary Keyes,Therese Wilson Pdf

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Author : B. G. Ramcharan
Publisher : Martinus Nijhoff Publishers
Page : 248 pages
File Size : 55,9 Mb
Release : 1977-07
Category : Political Science
ISBN : 9024719844

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The International Law Commission by B. G. Ramcharan Pdf

Author : Jessie Hohmann,Daniel Joyce
Publisher : Oxford University Press, USA
Page : 593 pages
File Size : 44,5 Mb
Release : 2019-01-20
Category : Law
ISBN : 9780198798200

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International Law's Objects by Jessie Hohmann,Daniel Joyce Pdf

International law's rich existence in the world can be illuminated by its objects. International law is often developed, conveyed, and authorized through its objects and/or their representation. From the symbolic (the regalia of the head of state and the symbols of sovereignty), to the mundane (a can of dolphin-safe tuna certified as complying with international trade standards), international legal authority can be found in the objects around us. Similarly, the practice of international law often relies on material objects or their image, both as evidence (satellite images, bones of the victims of mass atrocities) and to found authority (for instance, maps and charts). This volume considers these questions: firstly what might the study of international law through objects reveal? What might objects, rather than texts, tell us about sources, recognition of states, construction of territory, law of the sea, or international human rights law? Secondly, what might this scholarly undertaking reveal about the objects-as aims or projects-of international law? How do objects reveal, or perhaps mask, these aims, and what does this tell us about the reasons some (physical or material) objects are foregrounded, and others hidden or ignored. Thirdly what objects, icons, and symbols preoccupy the profession and academy? The personal selection of these objects by leading and emerging scholars worldwide will illuminate the contemporary and historical fascinations of international lawyers. By considering international law in the context of its material culture the authors offer a new and exciting theoretical perspective on the subject. With an image of each object reproduced in full colour, the book will make an engaging and interesting read for scholars, practitioners, and students alike.

Author : Alan Boyle,Christine Chinkin
Publisher : OUP Oxford
Page : 368 pages
File Size : 45,7 Mb
Release : 2007-02-22
Category : Law
ISBN : 9780191021763

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The Making of International Law by Alan Boyle,Christine Chinkin Pdf

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.

Author : Julio César Rivera
Publisher : Springer Science & Business Media
Page : 482 pages
File Size : 40,8 Mb
Release : 2014-02-04
Category : Law
ISBN : 9789400779426

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The Scope and Structure of Civil Codes by Julio César Rivera Pdf

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Author : Chang-fa Lo
Publisher : Springer
Page : 368 pages
File Size : 48,6 Mb
Release : 2017-10-31
Category : Law
ISBN : 9789811068669

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Treaty Interpretation Under the Vienna Convention on the Law of Treaties by Chang-fa Lo Pdf

This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.

Author : Anonim
Publisher : Unknown
Page : 472 pages
File Size : 46,9 Mb
Release : 1998
Category : International law
ISBN : UOM:39015042761570

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Making Better International Law by Anonim Pdf

This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 505 pages
File Size : 52,7 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107009998

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The International Law of the Sea by Yoshifumi Tanaka Pdf

This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 51,5 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.