Diversity In Secondary Rules And The Unity Of International Law

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Diversity in Secondary Rules and the Unity of International Law

K. C. Wellens,L.A.N.M. Barnhoorn
Diversity in Secondary Rules and the Unity of International Law Book PDF

Author : K. C. Wellens,L.A.N.M. Barnhoorn
Publisher : BRILL
Page : 377 pages
File Size : 54,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004635135

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Diversity in Secondary Rules and the Unity of International Law by K. C. Wellens,L.A.N.M. Barnhoorn Pdf

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

Unity and Pluralism in Public International Law

Oriol Casanovas
Unity and Pluralism in Public International Law Book PDF

Author : Oriol Casanovas
Publisher : BRILL
Page : 288 pages
File Size : 44,6 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004480780

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Unity and Pluralism in Public International Law by Oriol Casanovas Pdf

The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

The Concept of Unity in Public International Law

Mario Prost
The Concept of Unity in Public International Law Book PDF

Author : Mario Prost
Publisher : Bloomsbury Publishing
Page : 226 pages
File Size : 55,7 Mb
Release : 2012-03-15
Category : Law
ISBN : 9781847319166

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The Concept of Unity in Public International Law by Mario Prost Pdf

'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

International Institutional Law:Unity Within Diversity

Henry Schermers,Niels Blokker
International Institutional Law Unity Within Diversity Book PDF

Author : Henry Schermers,Niels Blokker
Publisher : Springer
Page : 1354 pages
File Size : 49,9 Mb
Release : 1995-07-27
Category : Law
ISBN : STANFORD:36105060544744

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International Institutional Law:Unity Within Diversity by Henry Schermers,Niels Blokker Pdf

A detailed comparative study of the institutional law of international organizations--i.e., those rules of law which govern legal status, structure, and functioning--that examines which different or similar institutional rules exist, and how different organizations have dealt with similar institutional problems. This edition revises and updates the second edition of 1980. The text contains 12 chapters: introduction; participants; rules for international organs; policy- making and administrative organs; advisory and supervisory organs; decision-making process; financing; legal order; interpretation and settlement of disputes; supervision and sanctions; legal status; and external relations. The authors jointly teach a specialized course on international institutional law at the Law Faculty, U. of Leiden. Annotation copyright by Book News, Inc., Portland, OR

State Responsibility, Climate Change and Human Rights under International Law

Margaretha Wewerinke-Singh
State Responsibility Climate Change and Human Rights under International Law Book PDF

Author : Margaretha Wewerinke-Singh
Publisher : Bloomsbury Publishing
Page : 216 pages
File Size : 41,5 Mb
Release : 2019-03-21
Category : Law
ISBN : 9781509918461

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State Responsibility, Climate Change and Human Rights under International Law by Margaretha Wewerinke-Singh Pdf

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Non-Proliferation Law as a Special Regime

Daniel H. Joyner,Marco Roscini
Non Proliferation Law as a Special Regime Book PDF

Author : Daniel H. Joyner,Marco Roscini
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,5 Mb
Release : 2012-09-20
Category : Law
ISBN : 9781139560559

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Non-Proliferation Law as a Special Regime by Daniel H. Joyner,Marco Roscini Pdf

The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

The Problem of Enforcement in International Law

Elena Katselli Proukaki
The Problem of Enforcement in International Law Book PDF

Author : Elena Katselli Proukaki
Publisher : Routledge
Page : 351 pages
File Size : 45,5 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.

International Courts and Environmental Protection

Tim Stephens
International Courts and Environmental Protection Book PDF

Author : Tim Stephens
Publisher : Cambridge University Press
Page : 415 pages
File Size : 51,6 Mb
Release : 2009-02-12
Category : Law
ISBN : 9781139476621

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International Courts and Environmental Protection by Tim Stephens Pdf

International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.

An Institutional And Normative Analysis of the World Trade Organization

Mary E. Footer
An Institutional And Normative Analysis of the World Trade Organization Book PDF

Author : Mary E. Footer
Publisher : Martinus Nijhoff Publishers
Page : 401 pages
File Size : 49,9 Mb
Release : 2006
Category : Political Science
ISBN : 9789004149618

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An Institutional And Normative Analysis of the World Trade Organization by Mary E. Footer Pdf

This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies.

International Legal Responsibility of International Organizations in the ILC Draft Articles and Beyond

Sarah Bayani
International Legal Responsibility of International Organizations in the ILC Draft Articles and Beyond Book PDF

Author : Sarah Bayani
Publisher : Universitätsverlag Göttingen
Page : 406 pages
File Size : 43,5 Mb
Release : 2022
Category : Electronic
ISBN : 9783863955335

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International Legal Responsibility of International Organizations in the ILC Draft Articles and Beyond by Sarah Bayani Pdf

The phenomenon of proliferation of international organizations has urged focus on the responsibility of international organizations under international law as the effect of their activities is witnessed everywhere in our daily life. The main purpose of the present book is to examine and review some specific aspects relevant to the question of international legal responsibility of international organizations, mainly, with a view to assessing the International Law Commission’s work on the codification of the international legal rules applicable on international organizations in this area. At the same time, the intention is to address the major challenge to the codification of general rules for international organizations, namely, their wide-varying nature and their differences from each other. Furthermore, the perspective has been enlarged by elaborating on the broader concept of accountability of international organizations.

Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010)

The Xiamen Academy of International Law
Collected Courses of the Xiamen Academy of International Law Volume 3 2010 Book PDF

Author : The Xiamen Academy of International Law
Publisher : BRILL
Page : 552 pages
File Size : 43,8 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004204119

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Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010) by The Xiamen Academy of International Law Pdf

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals.

The Legal Nature of International Human Rights

Michael K. Addo
The Legal Nature of International Human Rights Book PDF

Author : Michael K. Addo
Publisher : BRILL
Page : 581 pages
File Size : 47,5 Mb
Release : 2010-05-17
Category : Law
ISBN : 9789047444428

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The Legal Nature of International Human Rights by Michael K. Addo Pdf

A distinct legal perspective of human rights has evolved alongside the traditional recognition as politics or philosophy. As an evolving social construct under the managerial direction of international human rights courts and treaty bodies, it provides a good framework in which to appreciate the substantive law.

Concepts for International Law

Jean d’Aspremont,Sahib Singh
Concepts for International Law Book PDF

Author : Jean d’Aspremont,Sahib Singh
Publisher : Edward Elgar Publishing
Page : 960 pages
File Size : 49,8 Mb
Release : 2018
Category : Law
ISBN : 9781783474684

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Concepts for International Law by Jean d’Aspremont,Sahib Singh Pdf

Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

The Law of Arms Control and the International Non-proliferation Regime

Tom Coppen
The Law of Arms Control and the International Non proliferation Regime Book PDF

Author : Tom Coppen
Publisher : BRILL
Page : 385 pages
File Size : 54,8 Mb
Release : 2016-12-08
Category : Law
ISBN : 9789004333352

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The Law of Arms Control and the International Non-proliferation Regime by Tom Coppen Pdf

This book analyzes the strengths, weaknesses, development and potential of the nuclear non-proliferation and disarmament regime, providing new insights on the role of public international law in a field as politicized as that of nuclear arms control.

The International Law Commission 1999-2009

Arthur Watts,Arnold Pronto,Michael Wood
The International Law Commission 1999 2009 Book PDF

Author : Arthur Watts,Arnold Pronto,Michael Wood
Publisher : Oxford University Press
Page : 890 pages
File Size : 47,5 Mb
Release : 1999
Category : Law
ISBN : 9780199578979

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The International Law Commission 1999-2009 by Arthur Watts,Arnold Pronto,Michael Wood Pdf

This book contains the work of the United Nations International Law Commission (ILC) during the period 1999-2009, brining up to date the three-volume series on the work of the Commission edited by Sir Arthur Watts. Each text is accompanied by an introduction, a concise description of the negotiation process and a carefully selected bibliography.