The Italian Yearbook of International Law, Volume 17 (2007)

The Italian Yearbook of International Law, Volume 17 (2007)
Author: Luigi Ferrari Bravo
Publisher: Italian Yearbook of Internatio
Total Pages: 500
Release: 2008-11
Genre: Law
ISBN: 9789004173255

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council's targeted sanctions, and on the participation of amici curiae in investor-State arbitrations. This section includes also shorter notes on current developments in the field of private military contractors and foreign direct investment in the recovery of cultural heritage, as well as surveys of the practice of ICJ, ITLOS, international criminal tribunals, WTO, ICSID, and the ECtHR. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

The Settlement of International Cultural Heritage Disputes

The Settlement of International Cultural Heritage Disputes
Author: Alessandro Chechi
Publisher: OUP Oxford
Total Pages: 1794
Release: 2014-03-13
Genre: Law
ISBN: 0191009091

The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies

The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies
Author: August Reinisch
Publisher: Oxford University Press
Total Pages: 1089
Release: 2016
Genre: Law
ISBN: 0198744617

The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

The Global Community Yearbook of International Law and Jurisprudence 2010 Volume II

The Global Community Yearbook of International Law and Jurisprudence 2010 Volume II
Author: Giuliana Ziccardi Capaldo
Publisher:
Total Pages: 537
Release: 2012-03-14
Genre: Law
ISBN: 0199891699

a. The set generally: [Please note that the following description applies to both volumes in the 2010 Yearbook, not solely to Volume II.] The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2010): Beginning with the 2010 edition, the Yearbook will include the new section, Forum-Jurisprudential Cross-Fertilization: An Annual Overview. This section aims to compare and analyze the interconnections between the decisions of international courts and tribunals, as a way of exploring and examining judicial dialogue and the development of common legal principles and concepts in all branches of international law. The Yearbook is the first academic journal to present an annual overview of the process of jurisprudential cross-fertilization between the courts, based on the drafting and systematic classification of legal maxims (i.e. points of law decided by various international courts) in the section entitled Decisions of International Courts and Tribunals. A comprehensive and complete survey by eminent international law scholars exploring, evaluating and documenting this process has the potential to enhance our contribution and thus further guide our understanding of how to reduce conflicts and create an effective exchange of legal reasoning between different courts. The aim is to promote a favorable environment for the courts to advance the process of judicial cooperation with a view to the possible harmonization of legal principles governing the global community. c. Individual volumes: Volume 1: The 2010 edition of the Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on current topics such as global intellectual property law and policy, the nature of international law and human development, and the legal-political connotation of material support to terrorism. These incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this edition leads the reader on to expert commentary on the noteworthy cases from this past year's dockets of the following tribunals: - The International Court of Justice - The International Tribunal for the Law of the Sea - WTO Dispute Settlement System - International Criminal Court - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - Court of Justice of the European Union Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. The 2010 edition of the Global Community Yearbook also gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered in this edition include: - The Court of Justice - The European Court of Human Rights - Inter-American Court of Human Rights - International Centre for the Settlement of Investment Disputes

Foreign Investment, International Law and Common Concerns

Foreign Investment, International Law and Common Concerns
Author: Tullio Treves
Publisher: Routledge
Total Pages: 397
Release: 2013-10-23
Genre: Law
ISBN: 113507190X

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Weapons of War: Environmental Impact

Weapons of War: Environmental Impact
Author:
Publisher: KW Publishers Pvt Ltd
Total Pages: 217
Release: 2013-08-15
Genre:
ISBN: 9385714716

The Indian Air Force, from a humble beginning in 1932 with 4 Wapiti aircraft, six Indian officers and 22 hawai sepoys, have traversed a long journey of eighty one years and crossed noteworthy milestones to become the fourth largest air force in the world. While facing several limitations/challenges, IAF have met all the national defence requirements, and made several strategic contributions. With growing economic interests and national aspirations, expanding interests well beyond our territorial boundaries and prevailing internal security challenges, India’s national defence requirements are also increasing. The first Gulf War was a monumental turning point in the war-time employment of aerospace power. Ever since significance of aerospace power in war, crisis and peace time has been gaining ascendency. Kosovo and Libya are the two pertinent examples of the allies virtually relying on aerospace power, without committing any soldiers on the ground. Scrutiny of the emerging global and national trends suggests that employment of the aerospace assets, as well as nation’s expectation from the IAF, will continue to rise. Alongside, there is an unplanned fall in flying platforms, weapon systems and pilot strength of the IAF. This study is an attempt to analyse the history of the IAF in war as well as ‘other than war operations’; to appreciate the emerging trends in geopolitics, aerospace technology and doctrine; and to identify the likely challenges IAF would be facing in the next two decades and beyond. Road map for transformation of the national security framework, indigenous aerospace industry and the IAF has also been suggested.

Participants in the International Legal System

Participants in the International Legal System
Author: Jean d'Aspremont
Publisher: Taylor & Francis
Total Pages: 496
Release: 2011-04-20
Genre: Law
ISBN: 1136724931

The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

The Readmission of Asylum Seekers under International Law

The Readmission of Asylum Seekers under International Law
Author: Mariagiulia Giuffré
Publisher: Bloomsbury Publishing
Total Pages: 322
Release: 2020-02-20
Genre: Law
ISBN: 150990252X

This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.

International Law for Energy and the Environment

International Law for Energy and the Environment
Author: Patricia Park
Publisher: CRC Press
Total Pages: 389
Release: 2013-03-01
Genre: Business & Economics
ISBN: 1439870977

This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has