Improving Compliance with International Law

Improving Compliance with International Law
Author: Roger Fisher
Publisher:
Total Pages: 392
Release: 1981
Genre: Law
ISBN:

Monograph on law enforcement of national level compliance with international law - considers conventional law enforcement theory based on sanctions as a means of international dispute settlement and encouraging compliance but suggests international agreements and treatys, reciprocal reaction to noncompliance, enlightened self- interest and integration of international law into national legislation are more effective, and looks at the role of international organizations and international and domestic courts. References.

Comparative International Law

Comparative International Law
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 641
Release: 2018
Genre: Law
ISBN: 0190697571

Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.

Is International Law International?

Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 433
Release: 2017
Genre: Law
ISBN: 0190696419

This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

Legitimacy in International Law

Legitimacy in International Law
Author: RĂ¼diger Wolfrum
Publisher: Springer Science & Business Media
Total Pages: 423
Release: 2008-02-26
Genre: Law
ISBN: 3540777644

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Global Banks on Trial

Global Banks on Trial
Author: Pierre-Hugues Verdier
Publisher: Oxford University Press
Total Pages: 281
Release: 2020-02-14
Genre: Law
ISBN: 0190675780

In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change
Author: Michael P. Scharf
Publisher: Cambridge University Press
Total Pages: 241
Release: 2013-05-31
Genre: Law
ISBN: 1107276764

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.