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Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605
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Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605
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Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author: Gregory Clark
Publisher: Princeton University Press
ISBN: 1400827817
Category : Business & Economics
Languages : en
Pages : 433
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Book Description
Why are some parts of the world so rich and others so poor? Why did the Industrial Revolution--and the unprecedented economic growth that came with it--occur in eighteenth-century England, and not at some other time, or in some other place? Why didn't industrialization make the whole world rich--and why did it make large parts of the world even poorer? In A Farewell to Alms, Gregory Clark tackles these profound questions and suggests a new and provocative way in which culture--not exploitation, geography, or resources--explains the wealth, and the poverty, of nations. Countering the prevailing theory that the Industrial Revolution was sparked by the sudden development of stable political, legal, and economic institutions in seventeenth-century Europe, Clark shows that such institutions existed long before industrialization. He argues instead that these institutions gradually led to deep cultural changes by encouraging people to abandon hunter-gatherer instincts-violence, impatience, and economy of effort-and adopt economic habits-hard work, rationality, and education. The problem, Clark says, is that only societies that have long histories of settlement and security seem to develop the cultural characteristics and effective workforces that enable economic growth. For the many societies that have not enjoyed long periods of stability, industrialization has not been a blessing. Clark also dissects the notion, championed by Jared Diamond in Guns, Germs, and Steel, that natural endowments such as geography account for differences in the wealth of nations. A brilliant and sobering challenge to the idea that poor societies can be economically developed through outside intervention, A Farewell to Alms may change the way global economic history is understood.
Author: Mads Andenas
Publisher: BRILL
ISBN: 9004390936
Category : Law
Languages : en
Pages : 474
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Book Description
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Author: Nicola Strain
Publisher: BRILL
ISBN: 9004700935
Category : Law
Languages : en
Pages : 399
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Book Description
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
Author: Jorge Luis Fabra-Zamora
Publisher: Edward Elgar Publishing
ISBN: 1788974425
Category : Law
Languages : en
Pages : 287
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Book Description
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Author: Anne Orford
Publisher: Oxford University Press
ISBN: 0198701950
Category : Law
Languages : en
Pages : 1089
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Book Description
Histories -- Approaches -- Regimes and doctrines -- Debates
Author: Dogan Gultutan
Publisher: Kluwer Law International B.V.
ISBN: 9403540435
Category : Law
Languages : en
Pages : 297
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Book Description
International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.
Author: Manuela Niehaus
Publisher: Springer Nature
ISBN: 3658431911
Category : Law
Languages : en
Pages : 483
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Book Description
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Author: Yao Li
Publisher: BRILL
ISBN: 900434974X
Category : Law
Languages : en
Pages : 395
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Book Description
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
Author: Daniel Moeckli
Publisher: Oxford University Press
ISBN: 0198825897
Category : Business & Economics
Languages : en
Pages : 401
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Book Description
Fifty years after the UN General Assembly adopted the two human rights covenants, this volume brings together contributions considering the key issues facing the international human rights system today, taking stock of the achievements of the covenants, assessing their current influence, and exploring the future challenges facing them.
