Global Regulatory Standards in Environmental and Health Disputes

Global Regulatory Standards in Environmental and Health Disputes
Author: Caroline E. Foster
Publisher: Oxford University Press
Total Pages: 416
Release: 2021-06-24
Genre: Law
ISBN: 0192538535

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

The acquisition of territory in international law

The acquisition of territory in international law
Author: R. Y. Jennings
Publisher: Manchester University Press
Total Pages: 218
Release: 2017-06-01
Genre: Law
ISBN: 1526117185

Originally published by Manchester University Press in 1963, this book is now regarded as a classic of international law literature. Jennings examines the major issues relating to the acquisition of territory in a stimulating and elegant manner, providing a sense of the critical relationship between law and politics on the international scene - vital if law is to be practiced and interpreted correctly. This reissue features a new introduction by Marcelo G. Kohen of the Graduate Institute of International and Development Studies, Geneva, contextualising the work and discussing its continued relevance to students of international law and international lawyers themselves. He is one of the leading experts on questions of acquisition of territory, having been involved in numerous territorial disputes before the International Court of Justice.

International Legal Argument in the Permanent Court of International Justice

International Legal Argument in the Permanent Court of International Justice
Author: Ole Spiermann
Publisher: Cambridge University Press
Total Pages: 539
Release: 2005-01-06
Genre: Law
ISBN: 1139442686

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Robbie

Robbie
Author: Christine Jennings
Publisher: Troubador Publishing Ltd
Total Pages: 552
Release: 2019-06-11
Genre: Biography & Autobiography
ISBN: 1789018137

Robbie Jennings came from Idle, an industrial village in Yorkshire; but he was never an idle man. His career was a ‘story of the unforeseeable, even improbable, advance to high position and worldwide reputation of a straightforward man of simple origins’ (from his entry in the ODNB by Sir Franklin Berman). Robbie achieved this eminence through academic success, experience abroad, service in military intelligence, years of teaching at Cambridge and the Inns of Court, and as counsel in major international border disputes. Included in this book are many passages of his own writings: his entertaining and perceptive observations on his travels, and many comments on legal problems. He is remembered by former pupils and colleagues from around the world for his wisdom, humanity and humour. His private passions were for the Lake District, for music, cricket and animals; and above all, for his family. Written by Robbie’s wife and close companion for half a century, this book provides for the general reader some idea of the scope and effectiveness of international law, with Robbie’s own comments on its continuous development.

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Author: Jon M. van Dyke
Publisher: BRILL
Total Pages: 324
Release: 2009-03-16
Genre: Law
ISBN: 9047426894

A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.

Japan’s Territory under International Law

Japan’s Territory under International Law
Author:
Publisher: BRILL
Total Pages: 345
Release: 2024-09-26
Genre: Law
ISBN: 9004706364

This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.