Multi Sourced Equivalent Norms In International Law

Author : Tomer Broude,Yuval Shany
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 42,6 Mb
Release : 2011-03-21
Category : Law
ISBN : 9781847317827

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Multi-Sourced Equivalent Norms in International Law by Tomer Broude,Yuval Shany Pdf

Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Author : Tomer Broude,Yuval Shany
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 43,7 Mb
Release : 2011-03-21
Category : Law
ISBN : 9781847316394

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Multi-Sourced Equivalent Norms in International Law by Tomer Broude,Yuval Shany Pdf

Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Author : Lee Jing
Publisher : Martinus Nijhoff Publishers
Page : 447 pages
File Size : 44,7 Mb
Release : 2014-07-17
Category : Law
ISBN : 9789004268395

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Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules by Lee Jing Pdf

In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.

Author : Helmut Philipp Aust,Georg Nolte
Publisher : Oxford University Press
Page : 401 pages
File Size : 44,9 Mb
Release : 2016
Category : Law
ISBN : 9780198738923

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The Interpretation of International Law by Domestic Courts by Helmut Philipp Aust,Georg Nolte Pdf

This edited work explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.

Author : Marjan Ajevski
Publisher : Routledge
Page : 167 pages
File Size : 47,8 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442936

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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.

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 41,5 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781316514818

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Judicial Covergence and Fragmentation in International Human Rights Law by Elena Abrusci Pdf

An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Author : Ole Kristian Fauchald,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 43,5 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781847319159

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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.

Author : Nils-Hendrik Grohmann
Publisher : Mohr Siebeck
Page : 331 pages
File Size : 40,5 Mb
Release : 2024-03-28
Category : Electronic
ISBN : 9783161628252

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Strengthening the UN Human Rights Treaty Bodies by Nils-Hendrik Grohmann Pdf

Author : Chin Lim,C. L. Lim,Bryan Mercurio
Publisher : Cambridge University Press
Page : 575 pages
File Size : 41,5 Mb
Release : 2015-04-30
Category : Business & Economics
ISBN : 9781107075696

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International Economic Law after the Global Crisis by Chin Lim,C. L. Lim,Bryan Mercurio Pdf

This collection explores the theme of fragmentation within international economic law following the global financial crisis.

Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 51,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174

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Protecting the Religious Freedom of New Minorities in International Law by Fabienne Bretscher Pdf

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Author : Paul Gragl
Publisher : Oxford University Press
Page : 417 pages
File Size : 46,7 Mb
Release : 2018
Category : Law
ISBN : 9780198796268

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Legal Monism by Paul Gragl Pdf

In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.

Author : Eleni Methymaki
Publisher : Oxford University Press
Page : 465 pages
File Size : 46,7 Mb
Release : 2024-04-11
Category : Law
ISBN : 9780192679178

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The Engagement of Domestic Courts with International Law by Eleni Methymaki Pdf

The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

Author : Jeffrey L. Dunoff,Mark A. Pollack
Publisher : Cambridge University Press
Page : 449 pages
File Size : 49,7 Mb
Release : 2022-08-04
Category : Law
ISBN : 9781108427715

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International Legal Theory by Jeffrey L. Dunoff,Mark A. Pollack Pdf

A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.

Author : Ge Chen
Publisher : Cambridge University Press
Page : 291 pages
File Size : 43,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781107163454

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Copyright and International Negotiations by Ge Chen Pdf

3.1.3.1. China's earlier pursuit of the GATT membership

Author : Moshe Hirsch
Publisher : Oxford University Press
Page : 241 pages
File Size : 47,9 Mb
Release : 2015-11-05
Category : Law
ISBN : 9780191512483

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Invitation to the Sociology of International Law by Moshe Hirsch Pdf

Invitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.