Coexistence Cooperation And Solidarity 2 Vols

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Coexistence, Cooperation and Solidarity (2 vols.)

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 2258 pages
File Size : 54,9 Mb
Release : 2011-11-25
Category : Law
ISBN : 9789004214828

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Coexistence, Cooperation and Solidarity (2 vols.) by Anonim Pdf

This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.

Futures of International Criminal Justice

Author : Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark
Publisher : Routledge
Page : 333 pages
File Size : 40,7 Mb
Release : 2021-12-22
Category : Law
ISBN : 9781000520828

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Futures of International Criminal Justice by Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark Pdf

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

Bibliography of the International Court of Justice

Author : International Court of Justice
Publisher : Unknown
Page : 305 pages
File Size : 44,7 Mb
Release : 2019
Category : Electronic
ISBN : 9789210012577

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Bibliography of the International Court of Justice by International Court of Justice Pdf

This publication contains bibliographic details of works concerning or referring to the International Court of Justice which were published between 2004 and 2009 and received by the Registry of the Court.

Global Risks and International Law

Author : Sarah Cassella
Publisher : BRILL
Page : 168 pages
File Size : 54,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9789004538702

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Global Risks and International Law by Sarah Cassella Pdf

Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.

Indigenous Peoples, Natural Resources and Permanent Sovereignty

Author : Andrea Mensi
Publisher : BRILL
Page : 347 pages
File Size : 41,7 Mb
Release : 2022-12-19
Category : Law
ISBN : 9789004523999

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Indigenous Peoples, Natural Resources and Permanent Sovereignty by Andrea Mensi Pdf

This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.

A Chinese Theory of International Law

Author : Zhipeng He,Lu Sun
Publisher : Springer Nature
Page : 254 pages
File Size : 44,6 Mb
Release : 2020-03-14
Category : Law
ISBN : 9789811528828

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A Chinese Theory of International Law by Zhipeng He,Lu Sun Pdf

This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.

WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion

Author : Zaker Ahmad
Publisher : BRILL
Page : 323 pages
File Size : 55,7 Mb
Release : 2021-02-08
Category : Law
ISBN : 9789004446090

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WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion by Zaker Ahmad Pdf

The open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.

The Refugee Status of Persons with Disabilities

Author : Stephanie Anna Motz
Publisher : BRILL
Page : 401 pages
File Size : 49,5 Mb
Release : 2020-11-04
Category : Law
ISBN : 9789004427303

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The Refugee Status of Persons with Disabilities by Stephanie Anna Motz Pdf

This is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.

Litigating the Environment

Author : Justine Bendel
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 47,8 Mb
Release : 2023-06-01
Category : Law
ISBN : 9781789901337

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Litigating the Environment by Justine Bendel Pdf

Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.

Solidarity and Community Interests

Author : R. Wolfrum
Publisher : BRILL
Page : 688 pages
File Size : 44,5 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004508330

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Solidarity and Community Interests by R. Wolfrum Pdf

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

The Normative Order of the Internet

Author : Matthias C. Kettemann
Publisher : Oxford University Press
Page : 385 pages
File Size : 54,7 Mb
Release : 2020
Category : Law
ISBN : 9780198865995

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The Normative Order of the Internet by Matthias C. Kettemann Pdf

There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

Yearbook of the International Law Commission 2015, Vol. II, Part 1

Author : International Law Commission
Publisher : United Nations
Page : 280 pages
File Size : 54,7 Mb
Release : 2022-01-21
Category : Law
ISBN : 9789210053761

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Yearbook of the International Law Commission 2015, Vol. II, Part 1 by International Law Commission Pdf

The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to “initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification.” Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.

Negotiations in the Case Law of the International Court of Justice

Author : Karel Wellens
Publisher : Routledge
Page : 621 pages
File Size : 43,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317089131

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Negotiations in the Case Law of the International Court of Justice by Karel Wellens Pdf

This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.

Responsibility of International Organizations

Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
Page : 515 pages
File Size : 42,7 Mb
Release : 2013-07-04
Category : Business & Economics
ISBN : 9789004256088

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Responsibility of International Organizations by Maurizio Ragazzi Pdf

In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Author : Thomas Rauter
Publisher : Springer
Page : 261 pages
File Size : 43,5 Mb
Release : 2017-09-05
Category : Law
ISBN : 9783319644776

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Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by Thomas Rauter Pdf

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?