Reciprocity In International Law

Author : Shahrad Nasrolahi Fard
Publisher : Routledge
Page : 178 pages
File Size : 43,9 Mb
Release : 2015-12-22
Category : Law
ISBN : 9781317312192

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Reciprocity in International Law by Shahrad Nasrolahi Fard Pdf

In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

Author : Bryan Peeler
Publisher : Cambridge University Press
Page : 227 pages
File Size : 49,5 Mb
Release : 2019-10-24
Category : Law
ISBN : 9781108486699

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The Persistence of Reciprocity in International Humanitarian Law by Bryan Peeler Pdf

An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.

Author : Arianna Whelan
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2023
Category : Reciprocity (International law)
ISBN : 1108970036

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Reciprocity in Public International Law by Arianna Whelan Pdf

"Reciprocity in Public International Law There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples to demonstrate how reciprocity is closely linked to the very structure of public international law. Arianna Whelan is currently the Third Secretary in the Department of Foreign Affairs of Ireland. She holds a Masters and PhD in international law from the Graduate Institute of International and Development Studies in Geneva, Switzerland"--

Author : David J. Devlaeminck
Publisher : Routledge
Page : 209 pages
File Size : 46,6 Mb
Release : 2020-11-15
Category : Law
ISBN : 9781000215243

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Reciprocity and China’s Transboundary Waters by David J. Devlaeminck Pdf

Utilizing the principle of reciprocity, Reciprocity and China’s Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China’s transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity’s continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.

Author : Arianna Whelan
Publisher : Unknown
Page : 365 pages
File Size : 42,5 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1041429683

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Reciprocity in Public International Law by Arianna Whelan Pdf

Author : Andrew T. Guzman
Publisher : Oxford University Press
Page : 273 pages
File Size : 44,9 Mb
Release : 2010
Category : Law
ISBN : 9780199739288

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How International Law Works by Andrew T. Guzman Pdf

Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.

Author : Jason Rudall
Publisher : Cambridge University Press
Page : 287 pages
File Size : 48,9 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781108835251

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Altruism in International Law by Jason Rudall Pdf

The first book-length study of international law through the lens of altruism.

Author : Samim Akgönül
Publisher : Arion Publishing
Page : 188 pages
File Size : 42,8 Mb
Release : 2008
Category : Social Science
ISBN : UOM:39015079143460

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Reciprocity by Samim Akgönül Pdf

Author : Jutta Brunnée,Stephen J. Toope
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,5 Mb
Release : 2010-08-05
Category : Law
ISBN : 9781139491471

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Legitimacy and Legality in International Law by Jutta Brunnée,Stephen J. Toope Pdf

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Author : Eileen Denza
Publisher : Oxford University Press
Page : 560 pages
File Size : 42,5 Mb
Release : 2016-01-14
Category : Law
ISBN : 9780191009136

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Diplomatic Law by Eileen Denza Pdf

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Author : Jürgen Basedow
Publisher : Edward Elgar Publishing
Page : 2500 pages
File Size : 53,7 Mb
Release : 2017-09-29
Category : Comparative law
ISBN : 1782547223

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Encyclopedia of Private International Law by Jürgen Basedow Pdf

The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 45,5 Mb
Release : 2015
Category : Law
ISBN : 9780199688517

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Jurisdiction in International Law by Cedric Ryngaert Pdf

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Author : Wilfried Bolewski
Publisher : Springer Science & Business Media
Page : 136 pages
File Size : 43,9 Mb
Release : 2007-05-01
Category : Science
ISBN : 9783540711018

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Diplomacy and International Law in Globalized Relations by Wilfried Bolewski Pdf

Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.

Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 52,7 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf

Author : Mark Osiel
Publisher : Cambridge University Press
Page : 677 pages
File Size : 49,8 Mb
Release : 2009-03-09
Category : Law
ISBN : 9780521513517

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The End of Reciprocity by Mark Osiel Pdf

This book examines reciprocity between asymmetrical sides in war and conflict.