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Author: Christopher R. Rossi
Publisher: Cambridge University Press
ISBN: 1107183537
Category : Law
Languages : en
Pages : 371
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Book Description
This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.
Author: Christopher R. Rossi
Publisher: Cambridge University Press
ISBN: 1107183537
Category : Law
Languages : en
Pages : 371
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Book Description
This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.
Author: Paula Wojcikiewicz Almeida
Publisher: Cambridge Scholars Publishing
ISBN: 1443847038
Category : Law
Languages : en
Pages : 485
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Book Description
This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.
Author: Robert P. Barnidge, Jr.
Publisher: Bloomsbury Publishing
ISBN: 1509902406
Category : Law
Languages : en
Pages : 259
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Book Description
From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.
Author: Patrícia Galvão Teles
Publisher: BRILL
ISBN: 9004467661
Category : Law
Languages : en
Pages : 288
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Book Description
This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.
Author: Christopher Rossi
Publisher: University of Michigan Press
ISBN: 0472129058
Category : Political Science
Languages : en
Pages : 303
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Book Description
Much of our understanding of the world is framed from the perspective of a dominant power center, or from standard readings of historical events. The architecture of international information distribution, academic centers, and the lingua franca of international scholarly discourse also shape these stories. Remoteness Reconsidered employs the idea of remoteness as an analytical tool for viewing international law's encounter with the Americas from the unusual, peripheral perspective of the Atacama Desert. The Atacama is one of the most remote places on Earth, although that less-than-accurate perspective comes from standard historical accounts of the region, accounts that originate from the “center.” Changing the usual frame of reference leads to a reconsideration of the idea of remoteness and of the subsequent marginalization of historical narratives that influence hemispheric international relations in important ways today. Lessons about international law's encounters with neoliberalism, indigenous and human rights, and the management and extraction of mineral resources take on new significance by following a spatial turn toward the idea of remoteness as applied to the Atacama Desert.
Author: Maarten den Heijer
Publisher: Springer Nature
ISBN: 9462655278
Category : Law
Languages : en
Pages : 446
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Book Description
This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.
Author: Ziccardi Capaldo
Publisher: Oxford University Press
ISBN: 0197752268
Category : Education
Languages : en
Pages : 777
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Book Description
The Global Community Yearbook of International Law and Jurisprudence is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook is based on a cutting-edge project, unique in the panorama of international law yearbooks. Its project moves from a global perspective rather than a sectoral perspective or a spatial, national, or regional one. Its scope is that of annually monitoring the changes of international law and the transition to a global community, exploring its law (global constitutional principles), governance, and justice through a meaningful global jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Emeritus Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition feature expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence; the series also serves to prepare researchers for the issues facing emerging global law. The 2022 edition both updates readers on the important work of longstanding international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union (ECJ) and diverse tribunals from the International Court of Justice (ICJ) to the International Tribunal for the Law of the Sea (ITLOS), to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to courts of human rights (ECtHR, IACtHR, ACtHPR). This edition also examines developments in the War in Ukraine and the consequences of the proliferation of disinformation, as well as international efforts to protect the cultural heritage of vulnerable populations. Scholars also explore the evidentiary value of reports drafted by NGOs and developments in reparations modalities, among other topics. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
Author: Paula Wojcikiewicz Almeida
Publisher: Taylor & Francis
ISBN: 1317511360
Category : Law
Languages : en
Pages : 349
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Book Description
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Velimir Živković
Publisher: Edward Elgar Publishing
ISBN: 1789904366
Category : Law
Languages : en
Pages : 311
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Book Description
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
Author: Stefan Talmon
Publisher: BRILL
ISBN: 9004381198
Category : Law
Languages : en
Pages : 447
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Book Description
This book critically engages with each step of the proceedings in the South China Sea landmark arbitration case, showing that the Arbitral Tribunal lacked jurisdiction to decide the case and that several of the claims presented were also inadmissible.
