Regime Accommodation In International Law
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| Author | : Heejin Kim |
| Publisher | : BRILL |
| Total Pages | : 381 |
| Release | : 2016-07-18 |
| Genre | : Law |
| ISBN | : 9004325514 |
In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.
| Author | : Oren Gross |
| Publisher | : Cambridge University Press |
| Total Pages | : 48 |
| Release | : 2006-10-30 |
| Genre | : Political Science |
| ISBN | : 1139457756 |
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
| Author | : Surabhi Ranganathan |
| Publisher | : Cambridge University Press |
| Total Pages | : 483 |
| Release | : 2014-12-18 |
| Genre | : Law |
| ISBN | : 1316194736 |
Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.
| Author | : Yaël Ronen |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2011-05-19 |
| Genre | : Law |
| ISBN | : 1139496174 |
Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.
| Author | : Seline Trevisanut |
| Publisher | : BRILL |
| Total Pages | : 252 |
| Release | : 2020-06-08 |
| Genre | : Law |
| ISBN | : 9004422102 |
A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from.
| Author | : Godwin Eli Kwadzo Dzah |
| Publisher | : Cambridge University Press |
| Total Pages | : 409 |
| Release | : 2024-04-30 |
| Genre | : Law |
| ISBN | : 1009354086 |
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
| Author | : Nele Matz-Lück |
| Publisher | : Taylor & Francis |
| Total Pages | : 317 |
| Release | : 2022-09-19 |
| Genre | : Law |
| ISBN | : 1000649229 |
The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.
| Author | : E D Brown |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 538 |
| Release | : 2023-08-28 |
| Genre | : Law |
| ISBN | : 9004636455 |
This first book in a three-volume work on Sea-Bed Energy and Minerals: The International Legal Regime is concerned with the law governing the exploitation of energy and mineral resources in two quite different sub-marine areas. Volume 1 deals with the areas within the limits of national jurisdiction, that is, all of the submarine areas extending from the coast to the seaward limit of the continental shelf. As its subtitle indicates, this volume is predominantly concerned with The Continental Shelf. Although the United Nations Convention on the Law of the Sea has still not entered into force, and, indeed, may not do so for many years for some of the major maritime powers, its adoption in 1982 did, nonetheless, usher in a period of relative stability in the rules governing the areas within national jurisdiction, including, in particular, the continental shelf. However, being the creatures of compromise, some of its rules are undeniably vague and it has been left to State practice and international courts and tribunals to develop these rules further, especially those relating to the delimitation of the continental shelf between neighbouring States. Volume 1 provides an analysis of the rules of conventional and custromary law in the light of this practice. Volume 2, on Sea-Bed Mining, deals with the area beyond the limits of national jurisdiction, that is, the submarine area lying seaward of the outer limit of the continental shelf. Volume 3, which will be published at the same time as Volume 2, will provide Documents, Tables and Bibliography relating to the subject matter of the first two volumes.
| Author | : Paul Beaumont |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 664 |
| Release | : 2022-05-05 |
| Genre | : Law |
| ISBN | : 1509932100 |
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
| Author | : Petar Sarcevic |
| Publisher | : sellier. european law publ. |
| Total Pages | : 696 |
| Release | : 2006 |
| Genre | : Arbitration and award, International |
| ISBN | : 3935808828 |
This vast collection of scholarly writings examines a wide range of legal topics, including for example: European Private International Law of Obligations and Internal Market Legislation: A Matter of Coordination -- Balancing Sovereignty and Party Autonomy in Private International Law -- Parenthood for Same-Sex Couples: Challenges of Private International Law from a Scandinavian Perspective -- The Use of Unpublished Opinions on Relocation Law by the California Courts of Appeal: Hiding the Evidence? -- Spousal Support after Divorce under American Family Law: An Attempt to Contribute to the Alimony Debate -- Working with Children: The Balance between the Protection of Children and the Right to Work with Children -- Changing Parenthood after Divorce -- The Contribution of the UNCITRAL Arbitration Rules to International Commercial Arbitration -- Universalism and Tradition: The Use of Non-binding Principles in International Commercial Law -- Problems in the Implementation of WTO Law in the People's Republic of China -- Notes on the Pellegrini Judgment of the European Court of Human Rights -- Professional Traditions: The Reciprocating Ethics of Jurist and Judge
