Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:981439254
Fragmentation of International Law
Anonim
Fragmentation Of International Law
Fragmentation Of International Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Fragmentation Of International Law book. This book definitely worth reading, it is an incredibly well-written.
A Farewell to Fragmentation
Mads Tønnesson Andenæs,Eirik Bjorge
Author : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 52,9 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090
A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
International Law between Universalism and Fragmentation
Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich
Author : Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich
Publisher : BRILL
Page : 1131 pages
File Size : 45,7 Mb
Release : 2009-02-28
Category : Law
ISBN : 9789047440338
International Law between Universalism and Fragmentation by Isabelle Buffard,James Crawford,Alain Pellet,Stephan Wittich Pdf
This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Fragmentation of International Law
United Nations. International Law Commission,Martti Koskenniemi
Author : United Nations. International Law Commission,Martti Koskenniemi
Publisher : Unknown
Page : 306 pages
File Size : 40,7 Mb
Release : 2007
Category : Conflict of laws
ISBN : 9521023376
Fragmentation of International Law by United Nations. International Law Commission,Martti Koskenniemi Pdf
Conflict of Norms in a Fragmented International Legal System. A Critical Analysis
P. R. Kalidhass
Author : P. R. Kalidhass
Publisher : GRIN Verlag
Page : 285 pages
File Size : 53,6 Mb
Release : 2014-05-16
Category : Law
ISBN : 9783656655183
Conflict of Norms in a Fragmented International Legal System. A Critical Analysis by P. R. Kalidhass Pdf
Master's Thesis from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A plus, Jawaharlal Nehru University , course: Master of Philosophy (M.Phil.), language: English, abstract: From the beginning of the twenty-first century the international community started addressing the issue of fragmentation of international law. In 2000, the International Law Commission (ILC) decided to include the topic “[r]isks ensuing from the fragmentation of international law” into its long-term programme of work. This initiative raises some basic questions: is international law a fragmented system? If it is so, what is the problem with the fragmentation? and how can the problem be resolved? This dissertation mainly revolves around these three major issues. It assumes that today’s fragmented international law is part of historical evolution or process. In contemporary times, the term ‘fragmentation’ is commonly used to refer to the slicing up of international law ‘into regional or functional regimes that cater for special audiences with special interests and ethos’. The most notable functional regimes are international trade law, environmental law, human rights law, humanitarian law, law of the sea and so on – when there is a collision between these regimes – than the conflict of norms becomes an unavoidable consequence – because each regime seeks favorable treatment towards its own. The absence of normative and institutional hierarchy in international law means that the evolution of such regimes is perceived by some as posing a threat to the coherence, effectiveness and predictability of international law. Others see these regimes as contributing to the development of international law. To respond to the problem of fragmentation, the ILC examined the regimes in detail and tentatively concluded that these specialized legal regimes are merely informal labels with no normative value per se – hence, it viewed that they are all within or part of broader territorial domain of general international law – and codified some of existing conflict resolving techniques to solve the problem of conflict of norms. However, the proposed techniques solve the conflict of norms only within regimes but not across regimes. The question remains as to how to solve the norm conflict across regimes?
The Diversification and Fragmentation of International Criminal Law
Larissa van den Herik,Carsten Stahn
Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 48,8 Mb
Release : 2012
Category : Law
ISBN : 9789004214590
The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Regime Interaction in International Law
Margaret A. Young
Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139504935
Regime Interaction in International Law by Margaret A. Young Pdf
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
The Practice of International and National Courts and the (De-)Fragmentation of International Law
Ole Kristian Fauchald,André Nollkaemper
Author : Ole Kristian Fauchald,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 40,8 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781847319159
The Practice of International and National Courts and the (De-)Fragmentation of International Law by Ole Kristian Fauchald,André Nollkaemper Pdf
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Fragmentation in International Human Rights Law
Marjan Ajevski
Author : Marjan Ajevski
Publisher : Routledge
Page : 167 pages
File Size : 53,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442936
Fragmentation in International Human Rights Law by Marjan Ajevski Pdf
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Fragmentation vs the Constitutionalisation of International Law
Andrzej Jakubowski,Karolina Wierczyńska
Author : Andrzej Jakubowski,Karolina Wierczyńska
Publisher : Routledge
Page : 340 pages
File Size : 51,8 Mb
Release : 2016-07-01
Category : Law
ISBN : 9781317312277
Fragmentation vs the Constitutionalisation of International Law by Andrzej Jakubowski,Karolina Wierczyńska Pdf
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
International Courts and Environmental Protection
Tim Stephens
Author : Tim Stephens
Publisher : Cambridge University Press
Page : 459 pages
File Size : 51,8 Mb
Release : 2009-02-12
Category : Law
ISBN : 9780521881227
International Courts and Environmental Protection by Tim Stephens Pdf
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Patterns of Treaty Interpretation as Anti-Fragmentation Tools
Liliana E. Popa
Author : Liliana E. Popa
Publisher : Springer
Page : 390 pages
File Size : 49,7 Mb
Release : 2017-12-29
Category : Law
ISBN : 9783319654881
Patterns of Treaty Interpretation as Anti-Fragmentation Tools by Liliana E. Popa Pdf
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Regime Interaction in International Law
Margaret A. Young
Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 347 pages
File Size : 41,5 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107010482
Regime Interaction in International Law by Margaret A. Young Pdf
Leading scholars advance the discussion of international law's fragmentation in new and provocative ways.
The Right to Food and the World Trade Organization's Rules on Agriculture
Rhonda Ferguson
Author : Rhonda Ferguson
Publisher : BRILL
Page : 305 pages
File Size : 52,5 Mb
Release : 2018-01-11
Category : Law
ISBN : 9789004345300
The Right to Food and the World Trade Organization's Rules on Agriculture by Rhonda Ferguson Pdf
In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.
Non-Proliferation Law as a Special Regime
Daniel H. Joyner,Marco Roscini
Author : Daniel H. Joyner,Marco Roscini
Publisher : Cambridge University Press
Page : 303 pages
File Size : 52,6 Mb
Release : 2012-09-20
Category : Law
ISBN : 9781107009714
Non-Proliferation Law as a Special Regime by Daniel H. Joyner,Marco Roscini Pdf
Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?