Collected Courses Of The Xiamen Academy Of International Law Volume 3 2010
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| Author | : The Xiamen Academy of International Law |
| Publisher | : BRILL |
| Total Pages | : 552 |
| Release | : 2011-06-22 |
| Genre | : Law |
| ISBN | : 9004204113 |
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Third Volume of the Series contains the following articles: New Trends of International Law in the Era of Globalization, Stephan Hobe; Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando; Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann; International Law: A System of Relationships, Malcolm N. Shaw, QC; The International Law of Watercourses: New Dimensions, Patricia Wouters The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
| Author | : Chia-Jui Cheng |
| Publisher | : BRILL |
| Total Pages | : 346 |
| Release | : 2018-01-22 |
| Genre | : Law |
| ISBN | : 9004355308 |
The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader social context. In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law. One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law. Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.
| Author | : The Xiamen Academy of International Law |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 313 |
| Release | : 2013-04-15 |
| Genre | : Law |
| ISBN | : 9004233423 |
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Fourth Volume of the Series contains the following articles: The Application of International Law by the International Court of Justice, Judge Abdul G. Koroma The first part of this contribution explains how Judicial settlement of disputes has long been recognized as central to the stability and functioning of the international order and the rule of law. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, plays a crucial role in the system established to this end by the Charter. The second part of the contribution discusses how the Court applies each of the sources of law contained in Article 38 of the Statute of the Court. Since the article's creation in 1920, Article 38 “has remained the principal text used by international lawyers in describing the sources, or origins of international law” . Prevention and International Law, M. Mohamed Bennouna Prevention in the context of globalization cannot take place only in the framework of State frontiers; international norms mechanisms and institutions are indispensable in order to strengthen cooperation between States to anticipate risks and prevent any prejudice to people and goods. This necessitates the adoption of appropriate obligations of prevention with the corresponding international responsibility. The development of an international law of prevention, as a process, has to be accompanied by judicial guarantees at national, regional and global levels. International Dispute Resolution, With Specific Attention to China, Christine Chinkin The lectures entitled International Dispute Resolution, with specific attention to China, first consider the concept of an international dispute and the development of the obligation on states to settle their disputes peacefully. They then examine the historical evolution and contemporary understandings of the mechanisms enumerated in United Nations Charter, Article 33 for the management and attempted resolution of such disputes which are currently available to states and other participants in the international arena: negotiation, inquiry, mediation, conciliation, mediation, arbitration and adjudication. Each of the processes is discussed in the historical, political and legal contexts of various international disputes, including the detention of the American hostages in Tehran, various aspects of the possession of nuclear weapons and the territorial dispute over Abyei. The lectures consider the respective advantages and disadvantages of these various mechanisms, the interplay between them, their effectiveness and the legal and policy issues that influence choices as to different approaches to resolution of international disputes. The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of...
| Author | : Morten Fogt |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 405 |
| Release | : 2012-07-18 |
| Genre | : Law |
| ISBN | : 9041140751 |
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
| Author | : Martijn W. Hesselink |
| Publisher | : Oxford University Press |
| Total Pages | : 513 |
| Release | : 2021-06-22 |
| Genre | : Law |
| ISBN | : 0192655736 |
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
| Author | : Armin von Bogdandy |
| Publisher | : OUP Oxford |
| Total Pages | : 305 |
| Release | : 2014-07-25 |
| Genre | : Law |
| ISBN | : 0191026948 |
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
| Author | : Leone Niglia |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 294 |
| Release | : 2013-01-29 |
| Genre | : Law |
| ISBN | : 1782250638 |
European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
| Author | : Giulio Bartolini |
| Publisher | : Oxford University Press |
| Total Pages | : 515 |
| Release | : 2020-04-02 |
| Genre | : Law |
| ISBN | : 0192580779 |
This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
| Author | : Vincent-Joël Proulx |
| Publisher | : Oxford University Press |
| Total Pages | : 407 |
| Release | : 2016-05-05 |
| Genre | : Law |
| ISBN | : 019150002X |
Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
| Author | : Chia-Jui Cheng |
| Publisher | : BRILL |
| Total Pages | : 379 |
| Release | : 2016-10-11 |
| Genre | : Law |
| ISBN | : 9004328548 |
A new international legal order (NILO) has progressively infiltrated the traditional scope of international law. The essays contained in this book have been written to commemorate the past ten years of the Xiamen Academy of International Law and the emergence of this NILO. They display a remarkable intellectual vitality and illustrate the new initiatives contributing to a NILO in the realm of international law. In addition to new concepts of the use of force, boundary disputes and self-determination, and new judicial practices in environmental law, these essays demonstrate a convergence towards a universal value of a globalised world, centred upon human security and reflected in international economic, technological, social and humanitarian cooperation – sources of new tranches of international law. The contributors to this book have provided an in-depth analysis of such cooperation between various branches of international law. While this book is principally for scholars and students of international law, it is also a valuable reference book for practitioners and foreign affairs officials with an interest in the area. Contributors to this volume are: José Enrique Alvarez; Niels Blokker; Chia-Jui Cheng; Judge Christopher Greenwood; Stephan Hobe; Judge Hisashi Owada; Stephen Mathias; Ernst-Ulrich Petersmann; Malcolm N. Shaw; Danilo Türk; Guiguo Wang, Judge Hanqin Xue.
