Countermeasures The Non Injured State And The Idea Of International Community

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The Problem of Enforcement in International Law

Author : Elena Katselli Proukaki
Publisher : Routledge
Page : 351 pages
File Size : 49,6 Mb
Release : 2009-12-16
Category : Law
ISBN : 9781135232832

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The Problem of Enforcement in International Law by Elena Katselli Proukaki Pdf

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

Countermeasures, the Non-Injured State and the Idea of International Community

Author : Elena Katselli Proukaki
Publisher : Routledge
Page : 354 pages
File Size : 41,8 Mb
Release : 2009-12-16
Category : Law
ISBN : 9781135232849

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Countermeasures, the Non-Injured State and the Idea of International Community by Elena Katselli Proukaki Pdf

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

Third-Party Countermeasures in International Law

Author : Martin Dawidowicz
Publisher : Cambridge University Press
Page : 463 pages
File Size : 43,6 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781107014794

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Third-Party Countermeasures in International Law by Martin Dawidowicz Pdf

This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.

Responsibility of International Organizations

Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
Page : 515 pages
File Size : 55,8 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.

Obligations Erga Omnes and International Crimes

Author : André de Hoogh
Publisher : BRILL
Page : 489 pages
File Size : 43,5 Mb
Release : 2023-12-18
Category : Political Science
ISBN : 9789004638983

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Obligations Erga Omnes and International Crimes by André de Hoogh Pdf

This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.

International Law and Power

Author : Kaiyan Homi Kaikobad,Michael Bohlander
Publisher : Martinus Nijhoff Publishers
Page : 625 pages
File Size : 53,6 Mb
Release : 2009
Category : Political Science
ISBN : 9789004175877

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International Law and Power by Kaiyan Homi Kaikobad,Michael Bohlander Pdf

Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.

The Law of International Responsibility

Author : James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett
Publisher : Oxford University Press
Page : 1364 pages
File Size : 42,6 Mb
Release : 2010-05-20
Category : Law
ISBN : 9780199296972

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The Law of International Responsibility by James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett Pdf

The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

The International Law Commission's Articles on State Responsibility

Author : United Nations. International Law Commission,James Crawford
Publisher : Cambridge University Press
Page : 428 pages
File Size : 51,5 Mb
Release : 2002
Category : Law
ISBN : 0521013895

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The International Law Commission's Articles on State Responsibility by United Nations. International Law Commission,James Crawford Pdf

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State Responsibility in the International Legal Order

Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 51,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108494298

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State Responsibility in the International Legal Order by Katja Creutz Pdf

The book analyzes State responsibility in international law from a holistic and critical perspective.

Unilateral Sanctions in International Law

Author : Surya P Subedi QC
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 47,6 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781509948406

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Unilateral Sanctions in International Law by Surya P Subedi QC Pdf

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Research Handbook on UN Sanctions and International Law

Author : Larissa van den Herik
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 47,5 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781784713034

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Research Handbook on UN Sanctions and International Law by Larissa van den Herik Pdf

The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.

The Responsibility to Protect and the Failures of the United Nations Security Council

Author : P M Butchard
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,7 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509930821

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The Responsibility to Protect and the Failures of the United Nations Security Council by P M Butchard Pdf

What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations. It provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself.

Unilateral Sanctions in International Law and the Enforcement of Human Rights

Author : Iryna Bogdanova
Publisher : BRILL
Page : 378 pages
File Size : 41,7 Mb
Release : 2022-07-11
Category : Law
ISBN : 9789004507890

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Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova Pdf

The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.

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

Author : Zaker Ahmad
Publisher : BRILL
Page : 323 pages
File Size : 52,9 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.

International Law in a Transcivilizational World

Author : Onuma Yasuaki,Yasuaki Ōnuma
Publisher : Cambridge University Press
Page : 733 pages
File Size : 42,8 Mb
Release : 2017-02-15
Category : Law
ISBN : 9781107024731

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International Law in a Transcivilizational World by Onuma Yasuaki,Yasuaki Ōnuma Pdf

This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.