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Author : Anonim
Publisher : Unknown
Page : 1144 pages
File Size : 49,8 Mb
Release : 2006
Category : Comparative law
ISBN : UCAL:B5130667
Author : B.S. Chimni,Miyoshi Masahiro,Li-ann Thio
Publisher : Routledge
Page : 390 pages
File Size : 55,5 Mb
Release : 2009-06-02
Category : Business & Economics
ISBN : 9781134030217
Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations òf special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.
Author : B S Chimni,Miyoshi Masahiro,Li-ann Thio
Publisher : BRILL
Page : 389 pages
File Size : 48,8 Mb
Release : 2009-04-23
Category : Law
ISBN : 9789004433786
Author : Basil S Markesinis,Jörg Fedtke
Publisher : Bloomsbury Publishing
Page : 464 pages
File Size : 48,5 Mb
Release : 2009-03-30
Category : Law
ISBN : 9781847314970
This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
Author : Jean d'Aspremont
Publisher : OUP Oxford
Page : 1494 pages
File Size : 51,6 Mb
Release : 2013-05-23
Category : Law
ISBN : 9780191504839
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
Author : Severin Meier
Publisher : sui generis Verlag
Page : 210 pages
File Size : 46,8 Mb
Release : 2021-11-30
Category : Law
ISBN : 9783907297254
The most important (in)determinacy theses in international law since the 1920s are scrutinised in this book. As Severin Meier demonstrates, the extent of legal determinacy depends neither on some linguistic essence found in the text nor on theories that allegedly stand above practice. Instead, the (in)determinacy of law is shown to arise purely from practice. This reconceptualisation of a key discussion in legal philosophy provides a new perspective on the frame of meaning of legal norms.
Author : Alberta Fabbricotti
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 49,7 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781785364402
Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between Political Economy and International Law. The book reflects the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 51,7 Mb
Release : 2012-09-27
Category : Law
ISBN : 9781139576611
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
Author : Godwin Eli Kwadzo Dzah
Publisher : Cambridge University Press
Page : 409 pages
File Size : 41,6 Mb
Release : 2024-05-31
Category : Law
ISBN : 9781009354042
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
Author : Professor of International Law Marco Roscini
Publisher : Oxford University Press
Page : 497 pages
File Size : 44,7 Mb
Release : 2024-09-06
Category : Law
ISBN : 9780198786894
This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.
Author : Anne Orford,Florian Hoffmann
Publisher : Oxford University Press
Page : 1000 pages
File Size : 55,6 Mb
Release : 2016-09-22
Category : Law
ISBN : 9780191005565
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 41,5 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 50,9 Mb
Release : 2015
Category : Law
ISBN : 9780199688517
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 : Elisa Morgera
Publisher : Oxford University Press
Page : 353 pages
File Size : 43,5 Mb
Release : 2020
Category : Law
ISBN : 9780198738046
"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.
Author : Stellina Jolly,Saloni Khanderia
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 40,6 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509938209
This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.