Règlement Pacifique Des Différends Entre États Perspectives Universelle Et Européenne

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Règlement pacifique des différends entre États: Perspectives universelle et européenne

Lucius Caflisch
R glement pacifique des diff rends entre tats Perspectives universelle et europ enne Book PDF

Author : Lucius Caflisch
Publisher : BRILL
Page : 160 pages
File Size : 40,9 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789004635906

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Règlement pacifique des différends entre États: Perspectives universelle et européenne by Lucius Caflisch Pdf

International law has made remarkable progress during the last decades. But law-making is one thing, ensuring compliance quite another. While the enthusiasm and support for international law-making are considerable, caution and mistrust soon re-emerge when disputes arise over implementation. To persuade member States of the OSCE to resort to international conciliation and arbitration, there must be the will to use the Court on the part of States. This work takes stock of the obstacles, whether they be institutional (different mechanisms for the peaceful settlement of disputes), structural (actual limitations to the settlement of disputes between States) or relate to competition (between means of diplomatic settlement and adjudication). This work is based on a Symposium held in Geneva to mark the Constitution of the Court of Conciliation and Arbitration within the OSCE. The contributions deal in particular with a variety of topics which could arise within the framework of the new OSCE Court, such as political and judicial means of settlement, subsidiarity of the new Court, and conciliation and arbitration before that Court.

Règlement Pacifique Des Différends Entre États

Lucius Conrad Caflisch
R glement Pacifique Des Diff rends Entre tats Book PDF

Author : Lucius Conrad Caflisch
Publisher : Martinus Nijhoff Publishers
Page : 166 pages
File Size : 51,8 Mb
Release : 1998-04-28
Category : Foreign Language Study
ISBN : 9041104615

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Règlement Pacifique Des Différends Entre États by Lucius Conrad Caflisch Pdf

International law has made remarkable progress during the last decades. But law-making is one thing, ensuring compliance quite another. While the enthusiasm and support for international law-making are considerable, caution and mistrust soon re-emerge when disputes arise over implementation. To persuade member States of the OSCE to resort to international conciliation and arbitration, there must be the will to use the Court on the part of States. This work takes stock of the obstacles, whether they be institutional (different mechanisms for the peaceful settlement of disputes), structural (actual limitations to the settlement of disputes between States) or relate to competition (between means of diplomatic settlement and adjudication). This work is based on a Symposium held in Geneva to mark the Constitution of the Court of Conciliation and Arbitration within the OSCE. The contributions deal in particular with a variety of topics which could arise within the framework of the new OSCE Court, such as political and judicial means of settlement, subsidiarity of the new Court, and conciliation and arbitration before that Court.

The September 11 Terrorist Attacks and the Invasion of Iraq in Contemporary International Law

Edward McWhinney
The September 11 Terrorist Attacks and the Invasion of Iraq in Contemporary International Law Book PDF

Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
Page : 110 pages
File Size : 43,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789004141438

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The September 11 Terrorist Attacks and the Invasion of Iraq in Contemporary International Law by Edward McWhinney Pdf

The US administration's pursuit in Afghanistan of the terrorists responsible for the September 11th attacks was supported by an international coalition and backed by the legal authority of the UN Security Council Resolutions.

Political Empowerment of Women

Monique Leijenaar
Political Empowerment of Women Book PDF

Author : Monique Leijenaar
Publisher : Springer
Page : 330 pages
File Size : 46,6 Mb
Release : 2013-11-21
Category : Law
ISBN : 9789401756068

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Political Empowerment of Women by Monique Leijenaar Pdf

This book explains the high level of current concern for the under-representation of women in politics.

Accountability, Investigation and Due Process in International Organizations

Chris de Cooker
Accountability Investigation and Due Process in International Organizations Book PDF

Author : Chris de Cooker
Publisher : BRILL
Page : 299 pages
File Size : 42,9 Mb
Release : 2005-11-01
Category : Law
ISBN : 9789047415503

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Accountability, Investigation and Due Process in International Organizations by Chris de Cooker Pdf

This work brings together a number of papers written by experts, mostly senior and active international civil servants, but also retired staff, analyzing the measures taken in international organizations in order to obtain greater accountability.

The Right to National Self-Determination

Sjúrður Skaale
The Right to National Self Determination Book PDF

Author : Sjúrður Skaale
Publisher : BRILL
Page : 221 pages
File Size : 43,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789047414421

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The Right to National Self-Determination by Sjúrður Skaale Pdf

What are the Faroese and the Greenlanders? Are they peoples in their own right, indigenous peoples or Danish minorities? And what is their status under international law? Do they have the right to national self-determination? And if so, what does this right include? This volume describes the constitutional history of the Faroes and Greenland, it analyses the current international status of the two countries and compares it to countries in similar situations, and looks at how Denmark has administered the sovereignty of its dependencies. It thus sheds new light on a constitutional arrangement that by some is described as, democratic, creative and imaginative, and by others is deemed colonial. But the book also deals with the status of non-sovereign polities and the right to self-determination in general, as well as with the current attitude of the UN towards such matters. It thus offers insights which can be of value for other countries, struggling with the issue, as well as scholars working in this field.

International Courts and the Development of International Law

Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
International Courts and the Development of International Law Book PDF

Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 951 pages
File Size : 54,6 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941

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International Courts and the Development of International Law by Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni Pdf

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Le Règlement Pacifique Des Différends Internationaux en Europe

Daniel Bardonnet
Le R glement Pacifique Des Diff rends Internationaux en Europe Book PDF

Author : Daniel Bardonnet
Publisher : Martinus Nijhoff Publishers
Page : 710 pages
File Size : 40,9 Mb
Release : 1991
Category : Law
ISBN : 0792315723

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Le Règlement Pacifique Des Différends Internationaux en Europe by Daniel Bardonnet Pdf

Any dreams that Europe had at last become too mature a society of states for the continent to be afficted by bloody international disputes have been shattered in recent months. This unique book examines both the sources of disputes -- the delimination of boundaries, ethnic differences, human rights violations, environmental damage, drug control, etc. -- and the most appropriate methods for settling them. The examination is thorough and detailed, and the result is a substantial work, authored by leading authorities, many of whom have played major roles in devising and operating dispute settlement procedures. This bilingual (English and French) volume is destined to become an important "vade-mecum" for diplomats and officials, and a reference work of permanent significance for students, academics and all those interested in international law and relations.

Annuaire Europeen 1998 / European Yearbook 1998

Hans Christian Kroger,P. Tigrid,C. Brooks,C. Church
Annuaire Europeen 1998 European Yearbook 1998 Book PDF

Author : Hans Christian Kroger,P. Tigrid,C. Brooks,C. Church
Publisher : Martinus Nijhoff Publishers
Page : 1480 pages
File Size : 43,9 Mb
Release : 2000-12-01
Category : Political Science
ISBN : 9041115382

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Annuaire Europeen 1998 / European Yearbook 1998 by Hans Christian Kroger,P. Tigrid,C. Brooks,C. Church Pdf

The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. In addition, a number of articles on topics of general interest are included in each volume. A general index by subject and name, and a cumulative index of all the articles which have appeared in the "Yearbook," are included in every volume and provide direct access to the "Yearbook"'s subject matter. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.

La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International

Marcelo Gustavo Kohen
La Promotion de la Justice Des Droits de L homme Et Du R glement Des Conflits Par Le Droit International Book PDF

Author : Marcelo Gustavo Kohen
Publisher : Martinus Nijhoff Publishers
Page : 1275 pages
File Size : 41,9 Mb
Release : 2007
Category : Law
ISBN : 9789004153837

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La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by Marcelo Gustavo Kohen Pdf

This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.

Conciliation in International Law

Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Conciliation in International Law Book PDF

Author : Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Publisher : BRILL
Page : 257 pages
File Size : 52,7 Mb
Release : 2016-11-17
Category : Law
ISBN : 9789004312111

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Conciliation in International Law by Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer Pdf

This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.

International Arbitration and the Permanent Court of Arbitration

Manuel Indlekofer
International Arbitration and the Permanent Court of Arbitration Book PDF

Author : Manuel Indlekofer
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 44,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041147745

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International Arbitration and the Permanent Court of Arbitration by Manuel Indlekofer Pdf

The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.

The Peaceful Settlement of International Environmental Disputes:A Pragmatic Approach

Cesare Romano
The Peaceful Settlement of International Environmental Disputes A Pragmatic Approach Book PDF

Author : Cesare Romano
Publisher : Springer
Page : 472 pages
File Size : 45,6 Mb
Release : 2000-10-20
Category : Law
ISBN : STANFORD:36105060993156

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The Peaceful Settlement of International Environmental Disputes:A Pragmatic Approach by Cesare Romano Pdf

Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.

Resolutions and Statements of the United Nations Security Council (1946-2000)

Karel C. Wellens
Resolutions and Statements of the United Nations Security Council 1946 2000 Book PDF

Author : Karel C. Wellens
Publisher : BRILL
Page : 211 pages
File Size : 55,9 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004482098

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Resolutions and Statements of the United Nations Security Council (1946-2000) by Karel C. Wellens Pdf

As the ever increasing number of Security Council resolutions and statements is nowadays easily available through the UN home page, this booklet will guide you thematically through these documents without the texts of the resolutions and statements being reproduced. This work contains the essential tools, presented in a chronological order, and classified on a topic basis to help you find and compare the English and French texts electronically. Part I contains matters concerning the maintenance of international peace and security; Part II contains other matters considered by the Security Council. The next division is a geographical one, each geographical region being subdivided into numbered topics. The corpus of this Thematic Guide consists of an analytical table of resolutions, statements and letters. Additional tools are made available in the annexes: a chronological list and the composition of the Security Council (1946-2000). This booklet is a sequence to the previous two editions by Karel Wellens of Resolutions and Statements of the United Nations Security Council: A Thematic Guide.

Ethics and Law in Biological Research

Cosimo Marco Mazzoni
Ethics and Law in Biological Research Book PDF

Author : Cosimo Marco Mazzoni
Publisher : BRILL
Page : 272 pages
File Size : 49,9 Mb
Release : 2002-04-01
Category : Law
ISBN : 9789047403067

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Ethics and Law in Biological Research by Cosimo Marco Mazzoni Pdf

Scientific research on biotechnologies has become the protagonist of discoveries that exert a formidable impact on public opinion. Every day popular opinion is challenged by the media, so that it becomes not only a witness of these developments, but is also, to a certain extent, forced to become a judge of those cases where human and animal genetics have been investigated over the last decades. The man-in-the-street is thus confronted by moral positions ranging from cautious approval, to wait-and-see attitudes, to unconditional condemnation. On the other hand, scientists are involved in the ethical evaluation of the results of their own research. However, the results of scientific pursuits are capable of producing immediate effects on the daily life of every human being. Consequently, alongside the scientists, people feel strongly about their need and their right to contribute to an accurate assessment of the effects of science on society. This is a collection of essays reflecting a considerable range of different cultural experiences and different ethical underpinnings. The main subject is cloning. Cloning is the most accessible and most readily perceived point of convergence from which ethical judgments on the current developments of scientific investigations can be proposed. Cloning is also the `paradox' on which the confrontation between scientific research and popular imagination is focused.