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Landmark Cases in Public International Law by Eric Heinze,M. Fitzmaurice Pdf
This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
Landmark Cases in Public International Law by Eirik Bjorge,Cameron Miles Pdf
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Landmark Cases in International Law by Eric Heinze,M. Fitzmaurice Pdf
This book contains excerpts in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcíkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
Law Among Nations by Gerhard von Glahn,James Larry Taulbee Pdf
Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.
Landmark Cases in Private International Law by William Day,Louise Merrett Pdf
This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law - legislation, international treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey - have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
The Permanent Court of International Justice by Willem-Jan van der Wolf,Donja de Ruiter Pdf
The establishment of the Permanent Court of International Justice (PCIJ) - the predecessor of the International Court of Justice - was provided for in the Covenant of the League of Nations. It held its inaugural sitting in 1922 and was dissolved in 1946. The work of the PCIJ - the first permanent international tribunal with general jurisdiction - made possible the clarification of a number of aspects of international law. Between 1922 and 1940, the PCIJ dealt with 29 contentious cases between States and delivered 27 advisory opinions. This book presents a brief historical overview of the work of the Court, including all landmark cases of this important predecessor of the International Court of Justice.
Landmark Cases in Competition Law by Barry Rodger Pdf
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.
Landmark Intellectual Property Cases and Their Legacy by Christopher Heath,Anselm Kamperman Sanders Pdf
This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear andmisleadingand rather than andleadingand, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and all profoundly interesting, and to which no definite answers have yet been found and arising in the course of the analysis are the following: and Who should be master over the reputation, esteem and legacy of authors and their works and authors and their heirs, or subsequent copyright owners? and What, if any, protection should be granted to achievements in the absence of confusion? and Should prevention of unfair competition allow one to andreap what one has not sownand? and Should we protect commercial investment beyond the scope of defined intellectual property rights? and Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and What kinds of monopolies should be protected, if any? and Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and Should the rules developed for the enforcement of property rights limit a patenteeands remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.
Public International Law found in business schools, government and political science departments. Written in plain English easily understood by nonspecialists, this introduction to public international law draws on sources and materials from around the world and features law cases taken from countries from all regions of the world.
Landmark Cases in Public International Law by Eirik Bjorge,Cameron Miles Pdf
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.