The Law of Treaties

An Introduction
Author: Robert Kolb
Publisher: Edward Elgar Publishing
ISBN: 1785360159
Category: Law
Page: 304
View: 6891
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: 5944
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: 9503
"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 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: 3122
The rule of law

The Evolutionary Interpretation of Treaties

Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025771
Category: Law
Page: 280
View: 1118
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: 9734
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.

International Law at a Time of Perplexity

Essays in Honour of Shabtai Rosenne
Author: Yôrām Dinšṭein,Mala Tabory
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736546
Category: Law
Page: 1
View: 5492
This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

Strategic Environmental Assessment in International and European Law

A Practitioner's Guide
Author: Simon Marsden
Publisher: Routledge
ISBN: 1136556435
Category: Law
Page: 352
View: 2173
Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way. The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions. Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.

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: 9385
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.

General Principles of Law and the International Legal Order

Author: Géza Herczegh
Publisher: N.A
Category: International law
Page: 129
View: 9683

The Legal Status of the OECD Commentaries

Author: Sjoerd Douma,F. A. Engelen
Publisher: IBFD
ISBN: 9087220278
Category: Double taxation
Page: 272
View: 5119

Research Handbook on Territorial Disputes in International Law

Author: Marcelo G. Kohen,Mamadou Hébié
Publisher: Edward Elgar Publishing
ISBN: 1782546871
Category: Law
Page: 520
View: 3166
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.

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: 4537
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)

International Law in Historical Perspective

Author: J. H. W. Verzijl
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028602236
Category: Law
Page: 861
View: 3832

The Past and Future of EU Law

The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty
Author: Luis Miguel Poiares Pessoa Maduro,Loïc Azoulai
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Category: Law
Page: 526
View: 7006
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.

The Principles and Practice of International Aviation Law

Author: Brian F. Havel,Gabriel S. Sanchez
Publisher: Cambridge University Press
ISBN: 1107020522
Category: Law
Page: 464
View: 6766
This book provides an introduction to, and demystification of, the private and public dimensions of international aviation law. The air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

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: 5874
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.

A History of Water, Series III, Volume 2

Sovereignty and International Water Law
Author: Terje Tvedt,Tadesse Kasse Woldetsadik
Publisher: I.B.Tauris
ISBN: 0857736582
Category: History
Page: 744
View: 2414
These three volumes present an original exploration of all aspects of water - social, cultural, political, religious, historical, economic and technological - from ancient times until the present day. Among the varied themes, the contributors examine the changing histories of water as a private or common good, the politics of water at local, urban, national and international level. With empirical and ethnographic case studies from around the world the three volumes together represent one of the most complete and up to date accounts of the central role of water in the history and development of humanity.

International law

Author: Alan Vaughan Lowe
Publisher: Oxford University Press, USA
ISBN: 9780199268849
Category: Business & Economics
Page: 298
View: 799
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.

Research Handbook on International Law and Cyberspace

Author: Nicholas Tsagourias,Russell Buchan
Publisher: Edward Elgar Publishing
ISBN: 1782547398
Category: Law
Page: 560
View: 3307
This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international la