Author: Gérardine Goh
Publisher: BRILL
ISBN: 9047419464
Category : Law
Languages : en
Pages : 424
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Book Description
The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
Author: Gérardine Meishan Goh
Publisher: Martinus Nijhoff Publishers
ISBN: 9004155457
Category : Law
Languages : en
Pages : 425
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Book Description
Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.
Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469
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Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author: Luping Zhang
Publisher: Oxford University Press
ISBN: 0192849271
Category : Law
Languages : en
Pages : 257
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Book Description
"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--
Author: MaryEllen O'Connell
Publisher: Routledge
ISBN: 1351562487
Category : History
Languages : en
Pages : 552
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Book Description
The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.
Author: Nandasiri Jasentuliyana
Publisher: Praeger
ISBN: 0275940365
Category : Law
Languages : en
Pages : 0
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Book Description
This volume presents an analysis of the historical background, current status, and future development of space law by noted legal scholars. It focuses on a distinct and growing field of international law that incorporates both public and private law. Specific areas covered are scientific and technical aspects of space and space law; the United Nations and other institutional arrangements; national regulatory aspects; satellite applications; commercialization; dispute settlement; and case law. Since the establishment of a special law-making body at the United Nations in 1958, there has been a steady expansion of laws and regulations pertaining to space activities. The result has been the development of a distinct and mature discipline of international law. This analysis of space law by recognized experts in the field will interest scholars, practitioners, and policy-makers involved in the regulation of space use and exploration.
Author: Natalie Klein
Publisher: Cambridge University Press
ISBN: 1139442538
Category : Law
Languages : en
Pages : 457
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Book Description
The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Author: Annette Froehlich
Publisher: Springer Nature
ISBN: 3030354261
Category : Law
Languages : en
Pages : 187
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Book Description
This book stems from the worrying scale and intensity of conflicts, humanitarian crises, and human rights violations around the world, which can be seen in a wide range of global hotspots including Venezuela, Yemen, Syria, Myanmar, Sudan, Eritrea, and numerous others. These developments are also relevant for Europe, given the large-scale migrations they can produce. In order to effectively respond to them, it has become imperative to analyse ways in which space data and technologies can be used to uphold human rights and monitor violations. Various international tribunals, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC), are increasingly relying on satellite data and especially images when considering human rights violations cases. This use of space-related technologies represents a trend that promises to continue as the range and accuracy of space-derived data improves. Further, satellite data has important legal implications because it allows the fulfilment of international obligations to be monitored, and offers a powerful tool for dispute resolution. Accordingly, this book examines the use of satellite images for cases concerning human rights violations, since the multitude of humanitarian crises worldwide demonstrate that it is of the utmost importance to analyse how space law, policies and space-related applications could further support the implementation and monitoring of the observance of human rights, thus contributing to enhanced security and sustainable development. A range of relevant areas, such as migration, refugees (including settlements and whether they are adequately supplied with basic necessities), water distribution and quality, housing and settlement monitoring are crucial aspects addressed in this book. In closing, the use of satellite data for legal purposes is not without its fair share of problems and concerns, which are also considered to guide the evolution of this emerging field.
Author: Lotta Viikari
Publisher: BRILL
ISBN: 9047433556
Category : Law
Languages : en
Pages : 412
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Book Description
While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development
Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 1139500120
Category : Law
Languages : en
Pages : 387
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Book Description
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
