The Equality of States in International Law
Author | : Edwin De Witt Dickinson |
Publisher | : |
Total Pages | : 448 |
Release | : 1920 |
Genre | : Congresses and conventions |
ISBN | : |
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Author | : Edwin De Witt Dickinson |
Publisher | : |
Total Pages | : 448 |
Release | : 1920 |
Genre | : Congresses and conventions |
ISBN | : |
Author | : Ram Prakash Anand |
Publisher | : |
Total Pages | : 220 |
Release | : 2008 |
Genre | : Sovereignty |
ISBN | : 9788178711416 |
Author | : James R. Silkenat |
Publisher | : Springer |
Total Pages | : 366 |
Release | : 2014-05-28 |
Genre | : Law |
ISBN | : 3319055852 |
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author | : Andrew Dickson White |
Publisher | : Palala Press |
Total Pages | : 324 |
Release | : 2016-05-25 |
Genre | : |
ISBN | : 9781359755001 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author | : Emer de Vattel |
Publisher | : |
Total Pages | : 668 |
Release | : 1856 |
Genre | : International law |
ISBN | : |
Author | : Dire Tladi |
Publisher | : BRILL |
Total Pages | : 806 |
Release | : 2021-08-16 |
Genre | : Law |
ISBN | : 9004464123 |
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : Jorge E. ViƱuales |
Publisher | : Cambridge University Press |
Total Pages | : 1047 |
Release | : 2020-10-08 |
Genre | : Law |
ISBN | : 1108662307 |
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author | : James B. Whisker |
Publisher | : |
Total Pages | : 296 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
The Act of State Doctrine holds that a state is legally supreme within its own boundaries and its sovereign is wholly immune to the judgments of other nations. The acts that the sovereign power's agents perform as part of their official duties and responsibilities cannot be called into question in the courts of another nation. If a state possesses not final and complete power over its own territory and citizens it is a dependency, a colony, or an occupied area. As nations moved into the modern world nations began to have second thoughts about maintaining and supporting sovereign absolutism. This study investigates past, current, and emerging meanings of the act of state doctrine. It also examines exceptions to the act of state doctrine.
Author | : Hazel Fox |
Publisher | : OUP Oxford |
Total Pages | : 3290 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 0191669768 |
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.