The Common Interest In International Law
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Author | : Wolfgang Benedek |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Common good |
ISBN | : 9781780682716 |
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
Author | : Claire Buggenhoudt |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Actions and defenses |
ISBN | : 9781780684468 |
Common Interests in International Litigation provides answers to questions that international litigation faces as the result of an increasing recognition of common interests in this area, with an ever-expanding network of specialised judicial bodies.
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 | : Federico Lenzerini |
Publisher | : Bloomsbury Publishing |
Total Pages | : 470 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782254706 |
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
Author | : Thomas Cottier |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2023-03-31 |
Genre | : Law |
ISBN | : 9781108793544 |
The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Author | : ZYBERI |
Publisher | : Intersentia |
Total Pages | : 350 |
Release | : 2021-11-19 |
Genre | : |
ISBN | : 9781839701122 |
This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.
Author | : Julie Gjørtz Howden |
Publisher | : BRILL |
Total Pages | : 257 |
Release | : 2020-06-02 |
Genre | : Law |
ISBN | : 9004426329 |
In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach, and how the approach provides a legal framework for common management of international watercourses.
Author | : Farid Ahmadov |
Publisher | : BRILL |
Total Pages | : 246 |
Release | : 2018-08-13 |
Genre | : Law |
ISBN | : 9004380981 |
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Author | : Gemma Andreone |
Publisher | : Springer |
Total Pages | : 278 |
Release | : 2017-03-30 |
Genre | : Law |
ISBN | : 3319512749 |
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Author | : Emer de Vattel |
Publisher | : |
Total Pages | : 668 |
Release | : 1856 |
Genre | : International law |
ISBN | : |