Stress Testing the Law of the Sea PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Stress Testing the Law of the Sea PDF full book. Access full book title Stress Testing the Law of the Sea by Stephen Minas. Download full books in PDF and EPUB format.
Author: Stephen Minas
Publisher: BRILL
ISBN: 9004352929
Category : Law
Languages : en
Pages : 377
Get Book Here
Book Description
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Author: Stephen Minas
Publisher: BRILL
ISBN: 9004352929
Category : Law
Languages : en
Pages : 377
Get Book Here
Book Description
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1108573800
Category : Law
Languages : en
Pages : 551
Get Book Here
Book Description
This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108640427
Category : Law
Languages : en
Pages : 425
Get Book Here
Book Description
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108809146
Category : Law
Languages : en
Pages : 431
Get Book Here
Book Description
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Author: Peer Zumbansen
Publisher: Cambridge University Press
ISBN: 1108490263
Category : Law
Languages : en
Pages : 539
Get Book Here
Book Description
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Author: James D. Fry
Publisher: Manchester University Press
ISBN: 1526152401
Category : Law
Languages : en
Pages : 366
Get Book Here
Book Description
From the United Nations to the International Bureau of Weights and Measures, the principles of international organizations affect all of our lives. The principles these organizations live by represent, at least in part, the principles all of us live by. This book quantifies international organizations’ affiliation with particular principles in their constitutions, like cooperation, peace and equality. Offering a sophisticated statistical and legal analysis of these principles, the authors reveal the values contained in international organizations’ constitutions and their relationship with one another. When these organizations are divided into groups, like regional versus universal organizations, many new, seemingly contradictory, interpretations of international organizations law emerge. Through elaborate network representations, radar charters, k-clusters analyses and scatter plots, this book offers an unprecedented insight into the principles and values of international organizations.
Author: Roudi Baroudi
Publisher: Brookings Institution Press
ISBN: 0960012796
Category : Political Science
Languages : en
Pages : 113
Get Book Here
Book Description
The ways and means described in this book constitute a road map for responsible members of the international community to work together, reduce tensions, resolve differences over maritime boundaries peacefully, and reap the rewards of a safer, stabler, and more prosperous world. This volume shows that the UN and its associated treaties, courts, and other institutions have developed a body of laws, rules, and procedures guiding the way to negotiated, peaceful outcomes. Mr. Baroudi’s book also points to rapid advances of science and technology that take much of the guesswork out of boundary delineation, making this route more reliable and user-friendly than ever before. The successful use of these mechanisms would set a useful example for the resolution of boundary disputes in other regions of the world. That, in turn would restore confidence in the international rules-based system and could pave the way for the settling of some of the world’s most troubling and dangerous disputes.
Author: Rosemary Rayfuse
Publisher: Edward Elgar Publishing
ISBN: 1789909082
Category : Law
Languages : en
Pages : 493
Get Book Here
Book Description
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Author: Chiara Giorgetti
Publisher: Cambridge University Press
ISBN: 1009121332
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.
Author: Paulo Afonso B. Duarte
Publisher: Springer Nature
ISBN: 9811967008
Category : Political Science
Languages : en
Pages : 810
Get Book Here
Book Description
This handbook offers readers various perspectives on globalization and multilateralism with Chinese characteristics. Its originality is derived from the hybrid approaches the handbook takes, where chapters provide complementary, intertwined, and multi-level analysis on the topic. Based on contributions of scholars and practitioners from a number of countries, the handbook helps readers to comprehend ongoing debates on the Belt and Road Initiative and global governance, within a shifting balance of world power, characterized by competing views between Western and Chinese norms, standards, values, and narratives. Split into three Parts, and consisting of 46 chapters, the handbook views globalization as comprehensive concept that benefits from the contributions of various disciplines such as geography, geo-economics, political science and international relations. In producing one of the most ambitious and updated outputs on the topic, the handbook as a whole seeks to discuss what globalization with Chinese characteristics looks like, and the role of the Belt and Road Initiative in this process.
