Procedures In International Law

Author : Gernot Biehler
Publisher : Springer Science & Business Media
Page : 377 pages
File Size : 44,8 Mb
Release : 2008-09-12
Category : Law
ISBN : 9783540744979

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Procedures in International Law by Gernot Biehler Pdf

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

Author : Gernot Biehler
Publisher : Springer Science & Business Media
Page : 377 pages
File Size : 53,7 Mb
Release : 2008-09-08
Category : Law
ISBN : 9783540744993

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Procedures in International Law by Gernot Biehler Pdf

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

Author : Peter Hay
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 52,9 Mb
Release : 2018-06-29
Category : Law
ISBN : 9781786436795

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Advanced Introduction to Private International Law and Procedure by Peter Hay Pdf

Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.

Author : Wendy Collins Perdue
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 1785361449

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Procedure and Private International Law by Wendy Collins Perdue Pdf

This collection brings together leading English language journal articles in the area of private international law. It focuses on a range of procedural issues that have particular salience for international litigation including the location of proceedings and discovery, class actions and the aggregation of claims, and the professional responsibility challenges for lawyers practicing in multiple jurisdictions. The articles are accompanied by an original introduction, which provides valuable context and insight for the issues addressed. This comprehensive new title is an essential tool for universities, academic institution libraries and international law scholars.

Author : Rose Parfitt
Publisher : Cambridge University Press
Page : 541 pages
File Size : 46,9 Mb
Release : 2019-01-17
Category : History
ISBN : 9781316515198

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The Process of International Legal Reproduction by Rose Parfitt Pdf

Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities

Author : John G. Collier,Vaughan Lowe
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 46,9 Mb
Release : 2000
Category : Law
ISBN : 0198299273

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The Settlement of Disputes in International Law by John G. Collier,Vaughan Lowe Pdf

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

Author : Rosalyn Higgins
Publisher : Oxford University Press
Page : 312 pages
File Size : 46,6 Mb
Release : 1995-08-24
Category : Law
ISBN : 0198764103

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Problems and Process by Rosalyn Higgins Pdf

This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

Author : James Crawford,Sarah Nouwen
Publisher : Bloomsbury Publishing
Page : 418 pages
File Size : 44,7 Mb
Release : 2012-01-09
Category : Law
ISBN : 9781847318763

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Select Proceedings of the European Society of International Law, Volume 3, 2010 by James Crawford,Sarah Nouwen Pdf

This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

Author : Richard Garnett
Publisher : OUP Oxford
Page : 496 pages
File Size : 43,8 Mb
Release : 2012-03-08
Category : Law
ISBN : 9780191629365

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Substance and Procedure in Private International Law by Richard Garnett Pdf

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

Author : Ronald St. J. Mac Donald,Douglas M. Johnston
Publisher : BRILL
Page : 1256 pages
File Size : 46,6 Mb
Release : 1986-02-24
Category : Law
ISBN : 9024732735

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The Structure and Process of International Law by Ronald St. J. Mac Donald,Douglas M. Johnston Pdf

Author : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 43,6 Mb
Release : 2021-02-22
Category : Law
ISBN : 9789004444386

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Procedure and Substance in International Environmental Law by Jutta Brunnée Pdf

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

Author : Connie de la Vega,Alen Mirza
Publisher : Edward Elgar Publishing
Page : 171 pages
File Size : 51,6 Mb
Release : 2019
Category : Political Science
ISBN : 9781788119726

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A Practical Guide to Using International Human Rights and Criminal Law Procedures by Connie de la Vega,Alen Mirza Pdf

This book is a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims, and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. This book offers step-by-step approaches for maximizing the institutions’ intended effect–promotion of human rights at all levels.

Author : Robbie Sabel
Publisher : Cambridge University Press
Page : 519 pages
File Size : 53,6 Mb
Release : 2017-12-14
Category : Law
ISBN : 9781316780497

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Rules of Procedure at the UN and at Inter-Governmental Conferences by Robbie Sabel Pdf

This third edition is a comprehensive manual of the rules of procedure and conduct of business at the UN General Assembly, at international conferences and at assemblies of inter-governmental organisations such as the World Health Organization. It examines the legal basis of these rules, the history of their development and the attempts at their codification. At the heart of the book is an examination of the practical applications of rules of procedure. Procedural rulings, updated to October 2016, are quoted from the records of UN General Assembly meetings, from assemblies of international organisations and from treaty-making conferences. This book is of interest to those involved in international law, international relations and international organisations. It also serves as an indispensable practical guide for delegates to the UN General Assembly and to international inter-governmental conferences. The first edition of this book was awarded the American Society of International Law 'Special Award'.

Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 49,8 Mb
Release : 2017
Category : Law
ISBN : 9780190642709

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General Principles of Law and International Due Process by Charles T. Kotuby,Luke A. Sobota Pdf

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Author : Christopher C. Joyner
Publisher : Cambridge University Press
Page : 510 pages
File Size : 52,5 Mb
Release : 1997-04-28
Category : Business & Economics
ISBN : 0521586593

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The United Nations and International Law by Christopher C. Joyner Pdf

This volume provides students and scholars with a text that examines, explains, and appraises contributions made by the United Nations to contemporary international law and the law-creating process. The authors consider how UN institutions have made the law, what law has been made, and the extent to which that law has been meaningfully accepted by and evidenced in contemporary state practice. The study first deals with processes and measures that cut across law-making, covering practical as well as conceptual aspects. Then the substantive law is addressed in terms of the different fields of activity that the United Nations has made subject to legal rules and processes. Some chapters cover prominent areas, such as human rights, use of force, and economic relations; others deal with topics which have not previously been examined with sufficient care, such as labor, the environment, refugees, and women. The book's final section deals with the internal law of the UN system itself - the international civil services and financial contributions.