A Farewell To Fragmentation
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Author | : Mads Tønnesson Andenæs |
Publisher | : Cambridge University Press |
Total Pages | : 605 |
Release | : 2015-10-09 |
Genre | : Law |
ISBN | : 1107082099 |
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author | : Anne Orford |
Publisher | : Oxford University Press |
Total Pages | : 1089 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198701950 |
Histories -- Approaches -- Regimes and doctrines -- Debates
Author | : Massimo Iovane |
Publisher | : Oxford University Press |
Total Pages | : 449 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0192846507 |
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Author | : Nicola Strain |
Publisher | : BRILL |
Total Pages | : 399 |
Release | : 2024-06-13 |
Genre | : Law |
ISBN | : 9004700935 |
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
Author | : Jorge Luis Fabra-Zamora |
Publisher | : Edward Elgar Publishing |
Total Pages | : 287 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1788974425 |
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Author | : Dogan Gultutan |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 296 |
Release | : 2021-12-02 |
Genre | : Law |
ISBN | : 9403540435 |
International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.
Author | : Manuela Niehaus |
Publisher | : Springer Nature |
Total Pages | : 483 |
Release | : 2024-01-27 |
Genre | : Law |
ISBN | : 3658431911 |
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Author | : Yao Li |
Publisher | : BRILL |
Total Pages | : 395 |
Release | : 2017-09-11 |
Genre | : Law |
ISBN | : 900434974X |
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
Author | : Nehal Bhuta |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2024-03-12 |
Genre | : Law |
ISBN | : 0198901941 |
At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.
Author | : Daniel Moeckli |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 0198825897 |
Fifty years after the UN General Assembly adopted the two human rights covenants, this volume brings together contributions considering the key issues facing the international human rights system today, taking stock of the achievements of the covenants, assessing their current influence, and exploring the future challenges facing them.