La Cour Penale Internationale Volume 313
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| Author | : Robert Kolb |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 709 |
| Release | : |
| Genre | : Electronic books |
| ISBN | : 1788112156 |
This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
| Author | : Yasuaki Onuma |
| Publisher | : BRILL |
| Total Pages | : 492 |
| Release | : 2010-07-05 |
| Genre | : Law |
| ISBN | : 9004249966 |
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
| Author | : Hague Academy of International Law |
| Publisher | : |
| Total Pages | : 500 |
| Release | : 2009 |
| Genre | : International law |
| ISBN | : |
| Author | : Katharina Boele-Woelki |
| Publisher | : BRILL |
| Total Pages | : 288 |
| Release | : 2010-07-05 |
| Genre | : Law |
| ISBN | : 9004249958 |
Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
| Author | : Guiguo Wang |
| Publisher | : BRILL |
| Total Pages | : 384 |
| Release | : 2011-11-15 |
| Genre | : Law |
| ISBN | : 9004218556 |
The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
| Author | : Nico J. Schrijver |
| Publisher | : BRILL |
| Total Pages | : 276 |
| Release | : 2009-02-28 |
| Genre | : Law |
| ISBN | : 9047444469 |
In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver. Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.
| Author | : Héctor Olásolo |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 423 |
| Release | : 2005 |
| Genre | : Political Science |
| ISBN | : 9004146156 |
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 2251 |
| Release | : 2017-01-19 |
| Genre | : Law |
| ISBN | : 0191060305 |
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
| Author | : William Schabas |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1331 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0199560730 |
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
| Author | : Yves Daudet |
| Publisher | : Brill Nijhoff |
| Total Pages | : 530 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : |
The essays contained in this volume derive from a high-level Workshop organized by the Hague Academy of International Law to determine whether the legal fundamentals that were established a century ago remain relevant today or whether they have been affected by the requirements of today's world. The world of a century ago only faintly resembles the world in which we now live, and it is therefore legitimate to ask whether the rules laid down in 1907 respond to the needs of 2007. How can it be disputed that the requirement for peace, law, the settlement of disputes, and humanitarian principles still exists, and even more emphatically than in the past? But given the new constraints with which our world is faced -- terrorism, degradation of the environment, the exacerbation of under-development in certain States, and food and energy crises -- and given the new imbalances that are appearing around the emerging powers, new forms of development, and the ubiquity of new technologies, there is a clear need for reform. The question is whether, in the name of such requirements, it is now possible to depart from certain principles that can be viewed as fundamental achievements. To what extent do the great achievements dating from the dawn of the last century survive among the rules applicable to the century that is now beginning, without excluding the developments and reforms that are necessary in a world that is so different from the world a century ago? Ce volume contient les communications et les débats concernant un colloque de haut niveau organisé par l'Académie de droit international de La Haye afin de déterminer si les fondamentaux juridiques établis au siècle dernier demeurent d'actualité de nos jours ou s'ils ont au contraire été affectés par les exigences du monde contemporain. En effet, celui-ci n'a plus grandchose à voir avec celui d'autrefois et présente des besoins plus importants que jamais en termes de paix, de droit, de règlement des différends et de principes humanitaires. Il semble donc légitime de s'interroger sur la validité qu'il y a à transposer à notre époque des règles énoncées en 1907.
