The Oxford Handbook Of Jurisdiction In International Law

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The Oxford Handbook of Jurisdiction in International Law

Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip
The Oxford Handbook of Jurisdiction in International Law Book PDF

Author : Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip
Publisher : Oxford University Press
Page : 700 pages
File Size : 48,9 Mb
Release : 2019-09-17
Category : Law
ISBN : 9780191089374

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The Oxford Handbook of Jurisdiction in International Law by Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip Pdf

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

The Oxford Handbook of the History of International Law

Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger
The Oxford Handbook of the History of International Law Book PDF

Author : Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger
Publisher : Oxford University Press
Page : 1269 pages
File Size : 43,6 Mb
Release : 2012-11
Category : History
ISBN : 9780199599752

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The Oxford Handbook of the History of International Law by Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger Pdf

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Oxford Handbook of the Theory of International Law

Anne Orford,Florian Hoffmann,Martin Clark
The Oxford Handbook of the Theory of International Law Book PDF

Author : Anne Orford,Florian Hoffmann,Martin Clark
Publisher : Oxford University Press
Page : 1089 pages
File Size : 40,7 Mb
Release : 2016
Category : Law
ISBN : 9780198701958

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The Oxford Handbook of the Theory of International Law by Anne Orford,Florian Hoffmann,Martin Clark Pdf

Histories -- Approaches -- Regimes and doctrines -- Debates

The Oxford Handbook of the Sources of International Law

Jean d'Aspremont,Samantha Besson,Sévrine Knuchel
The Oxford Handbook of the Sources of International Law Book PDF

Author : Jean d'Aspremont,Samantha Besson,Sévrine Knuchel
Publisher : Oxford University Press
Page : 900 pages
File Size : 42,5 Mb
Release : 2017-10-19
Category : Law
ISBN : 9780191062544

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The Oxford Handbook of the Sources of International Law by Jean d'Aspremont,Samantha Besson,Sévrine Knuchel Pdf

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

The Oxford Handbook of the Use of Force in International Law

Marc Weller
The Oxford Handbook of the Use of Force in International Law Book PDF

Author : Marc Weller
Publisher : OUP Oxford
Page : 1377 pages
File Size : 43,9 Mb
Release : 2015-01-15
Category : Law
ISBN : 9780191653919

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The Oxford Handbook of the Use of Force in International Law by Marc Weller Pdf

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Oxford Handbook of International Adjudication

Cesare Romano,Karen Alter,Yuval Shany
The Oxford Handbook of International Adjudication Book PDF

Author : Cesare Romano,Karen Alter,Yuval Shany
Publisher : Oxford University Press
Page : 1074 pages
File Size : 52,7 Mb
Release : 2014
Category : Law
ISBN : 9780199660681

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The Oxford Handbook of International Adjudication by Cesare Romano,Karen Alter,Yuval Shany Pdf

Includes one folded poster attach to front cover.

The Oxford Handbook of International Human Rights Law

Dinah Shelton
The Oxford Handbook of International Human Rights Law Book PDF

Author : Dinah Shelton
Publisher : OUP Oxford
Page : 1077 pages
File Size : 45,6 Mb
Release : 2013-10-24
Category : Law
ISBN : 9780191668982

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The Oxford Handbook of International Human Rights Law by Dinah Shelton Pdf

The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.

The Oxford Handbook of International Law in Asia and the Pacific

Simon Chesterman,Hisashi Owada,Ben Saul
The Oxford Handbook of International Law in Asia and the Pacific Book PDF

Author : Simon Chesterman,Hisashi Owada,Ben Saul
Publisher : Oxford University Press
Page : 600 pages
File Size : 51,7 Mb
Release : 2019-09-12
Category : Law
ISBN : 9780192512710

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The Oxford Handbook of International Law in Asia and the Pacific by Simon Chesterman,Hisashi Owada,Ben Saul Pdf

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

The Oxford Handbook of International Investment Law

Peter Muchlinski,Federico Ortino,Christoph Schreuer
The Oxford Handbook of International Investment Law Book PDF

Author : Peter Muchlinski,Federico Ortino,Christoph Schreuer
Publisher : OUP Oxford
Page : 1352 pages
File Size : 52,9 Mb
Release : 2008-06-26
Category : Law
ISBN : 9780191552366

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The Oxford Handbook of International Investment Law by Peter Muchlinski,Federico Ortino,Christoph Schreuer Pdf

The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

Jurisdiction in International Law

Cedric Ryngaert
Jurisdiction in International Law Book PDF

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 45,6 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.

The Oxford Handbook of the History of International Law

Bardo Fassbender,Anne Peters
The Oxford Handbook of the History of International Law Book PDF

Author : Bardo Fassbender,Anne Peters
Publisher : Unknown
Page : 128 pages
File Size : 54,9 Mb
Release : 2012
Category : International law
ISBN : 0191787906

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The Oxford Handbook of the History of International Law by Bardo Fassbender,Anne Peters Pdf

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Oxford Handbook of United Nations Treaties

Simon Chesterman,David M. Malone,Santiago Villalpando
The Oxford Handbook of United Nations Treaties Book PDF

Author : Simon Chesterman,David M. Malone,Santiago Villalpando
Publisher : Oxford University Press
Page : 128 pages
File Size : 43,5 Mb
Release : 2019-05-29
Category : Law
ISBN : 9780190947873

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The Oxford Handbook of United Nations Treaties by Simon Chesterman,David M. Malone,Santiago Villalpando Pdf

The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.

The Oxford Handbook of International Criminal Law

Darryl Robinson
The Oxford Handbook of International Criminal Law Book PDF

Author : Darryl Robinson
Publisher : Oxford University Press
Page : 896 pages
File Size : 47,7 Mb
Release : 2020-02-24
Category : Law
ISBN : 9780192558886

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

The Oxford Handbook of the International Law of Global Security

Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer
The Oxford Handbook of the International Law of Global Security Book PDF

Author : Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer
Publisher : Oxford University Press, USA
Page : 1197 pages
File Size : 53,9 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780198827276

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The Oxford Handbook of the International Law of Global Security by Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer Pdf

On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.

The Oxford Handbook of the Law of the Sea

Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
The Oxford Handbook of the Law of the Sea Book PDF

Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Publisher : Oxford Handbooks in Law
Page : 1073 pages
File Size : 55,5 Mb
Release : 2015
Category : Law
ISBN : 9780198715481

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The Oxford Handbook of the Law of the Sea by Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens Pdf

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.