The Law of Treaties

An Introduction
Author: Robert Kolb
Publisher: Edward Elgar Publishing
ISBN: 1785360159
Category: Law
Page: 304
View: 7608
Permeating all facets of public international law, the modern law of treaties is a fundamental aspect of governance in the ‘democratized’ world. In this contemporary introduction, Robert Kolb provides a refreshing study that is both legally analytical and practical. Written in a highly readable style, the book explores the key topics through concise chapters, which are organized into two parts. The first of these gives a structured overview of the law of treaties along with practical examples. The second provides a critical engagement with the underlying issues and discusses the multi-dimensional problems raised by legal regulations, explored through specific case studies. The Law of Treaties: An Introduction will provide valuable insights to scholars and practitioners in the areas of international law, international affairs and international relations. Its clear structure and concise style mean it will also be highly accessible to students.

The International Law of State Responsibility

An Introduction
Author: Robert Kolb
Publisher: Edward Elgar Publishing
ISBN: 1786434717
Page: 296
View: 6124
This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.

International Law

Author: Vaughan Lowe
Publisher: Oxford University Press
ISBN: 0199230838
Category: Business & Economics
Page: 298
View: 7142
"It covers all the main areas of International Law, such as International Economic Law, International Environmental Law, and the ways International Law deals with different types of armed conflict. It also concludes with a short chapter examining the prospects for International Law."--BOOK JACKET.

The Evolutionary Interpretation of Treaties

Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025771
Category: Law
Page: 280
View: 7333
If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb,Richard Hyde
Publisher: Bloomsbury Publishing
ISBN: 1847314600
Category: Law
Page: 310
View: 5900
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

The Role of Climate Change in Global Economic Governance

Author: Bradly J. Condon,Tapen Sinha
Publisher: OUP Oxford
ISBN: 0191668133
Category: Law
Page: 288
View: 8665
Climate change presents an unprecedented global challenge, and impacts upon a wide range of human economic activity. The issue of how to address climate change in developing countries has provoked international political controversy and the urgent need for effective international responses has become increasingly apparent. The Role of Climate Change in Global Economic Governance addresses the growing number of legal and economic issues that arise with respect to climate change, combining analysis from economic, financial, and legal perspectives. The book assesses how the World Trade Organization, international investment law, and the international intellectual property rights regime approach the economic issues raised by climate change. The authors analyse how climate change regulation interacts with international economic law, and consider how financial instruments and insurance can mitigate the risks posed by climate change and facilitate adaptation. It breaks new ground in considering the financial sector's response to climate change, looking at how market mechanisms and risk insurance can reduce its economic cost.

The Legal Status of the OECD Commentaries

Author: Sjoerd Douma,F. A. Engelen
Publisher: IBFD
ISBN: 9087220278
Category: Double taxation
Page: 272
View: 2977

The Past and Future of EU Law

The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty
Author: Miguel Maduro,Loic Azoulai
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Category: Law
Page: 526
View: 3276
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.

A History of Water, Series III, Volume 2: Sovereignty and International Water Law

Author: Terje Tvedt,Tadesse Kasse Woldetsadik,Owen McIntyre
Publisher: Bloomsbury Publishing
ISBN: 1786739615
Category: Law
Page: 744
View: 630
As global climate change threatens to change radically both the political and physical climate with regard to water issues, so a reassessment of some of the fundamental principles of international water law is emerging. One of the most important principles being reassessed is the sovereign equality of states. This volume brings together more than thirty leading international water and legal specialists to explore the development and changing relationship between water, state sovereignty and international law. Offering fresh insights into one of the most pressing issues in global water policy, Sovereignty and International Water Law will form an essential reference for water professionals, legal specialists and policy makers alike.

Principles of European Constitutional Law

Author: Armin von Bogdandy,JÃ1⁄4rgen Bast
Publisher: Bloomsbury Publishing
ISBN: 184731550X
Category: Law
Page: 856
View: 2155
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

The Foundations of European Union Law

Author: Trevor C. Hartley
Publisher: Oxford University Press
ISBN: 0199566755
Category: Law
Page: 501
View: 2049
Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.

The Statute of the International Court of Justice

A Commentary
Author: Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher: OUP Oxford
ISBN: 0191632546
Category: Law
Page: 1808
View: 6952
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

The Development of International Law by the European Court of Human Rights

Author: J. G. Merrills
Publisher: Manchester University Press
ISBN: 9780719045608
Category: Civil rights
Page: 265
View: 8814
The rule of law

Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea

Liber Amicorum Judge Hugo Caminos
Author: Lilian del Castillo
Publisher: Hotei Publishing
ISBN: 9004283781
Category: Law
Page: 800
View: 2149
Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea.

International law

Author: Alan Vaughan Lowe
Publisher: Oxford University Press, USA
ISBN: 9780199268849
Category: Business & Economics
Page: 298
View: 4319
Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.

Israel yearbook on human rights. 19. 1989 (1990)

Author: Yoram Dinstein,Mala Tabory
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792304500
Category: Political Science
Page: 420
View: 5190
The "Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The Articles section of Volume 34 contains articles on Current Issues in International Law and Military Operations.

The Principle of Systemic Integration

Towards a Coherent International Legal Order
Author: Gabriel Orellana Zabalza
Publisher: LIT Verlag Münster
ISBN: 3643902670
Category: Law
Page: 322
View: 535
This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

Genetically Modified Organisms

emerging law and policy in India
Author: K. D. Raju
Publisher: The Energy and Resources Institute (TERI)
ISBN: 9788179931264
Category: Science
Page: 288
View: 5381
The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health.Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour.

Research Handbook on International Environmental Law

Author: Malgosia Fitzmaurice,David M. Ong,Panos Merkouris
Publisher: Edward Elgar Publishing
ISBN: 1849807264
Category: Law
Page: 736
View: 891
. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

Refugee Protection in International Law

UNHCR's Global Consultations on International Protection
Author: Office of the United Nations High Commissioner for Refugees
Publisher: Cambridge University Press
ISBN: 9780521532815
Category: Law
Page: 717
View: 8931
Alongside a panel of experts, the UNHCR examines the interpretation of the 1951 Refugee Convention.