The Functions of International Adjudication and International Environmental Litigation PDF Download
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Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108640427
Category : Law
Languages : en
Pages : 425
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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: Margherita Melillo
Publisher: Cambridge University Press
ISBN: 1009354353
Category : Law
Languages : en
Pages : 323
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Book Description
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Author: Peter Warren Singer
Publisher: Eamon Dolan Books
ISBN: 1328695743
Category : Computers
Languages : en
Pages : 421
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Book Description
Social media has been weaponized, as state hackers and rogue terrorists have seized upon Twitter and Facebook to create chaos and destruction. This urgent report is required reading, from defense experts P.W. Singer and Emerson T. Brooking.
Author: Andrea Bianchi
Publisher: Cambridge University Press
ISBN: 1108477380
Category : Law
Languages : en
Pages : 317
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Book Description
Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
Author: Ayelet Shachar
Publisher:
ISBN: 9781526145338
Category :
Languages : en
Pages : 224
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Book Description
A critical assessment from the perspective of political and legal theory of how shifting borders impact on migration, mobility and the protection of displaced persons
Author: Kurt Braddock
Publisher: Cambridge University Press
ISBN: 1108474527
Category : Business & Economics
Languages : en
Pages : 305
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Book Description
Discover theories of persuasion that show how terrorist messages promote radicalization and how counter-messages fight terrorist propaganda.
Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108640427
Category : Law
Languages : en
Pages : 425
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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: Caoimhe Doyle
Publisher: punctum books
ISBN: 0615956661
Category : Philosophy
Languages : en
Pages : 142
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Book Description
This book contains the proceedings from Weaponising Speculation, a two-day conference and exhibition that took place in Dublin in March 2013. Weaponising Speculation was organised by D.U.S.T. (Dublin Unit for Speculative Thought) and aimed to be an exploration of the various expressions of DIY theory operative in the elsewheres, the shafts and tunnels of the para-academy. The topics covered all come under the welcoming embrace of speculation, spanning a broad range: from art, philosophy, nature, fiction, and computation to spiders, culinary cosmology, and Oscar the Grouch. The book itself aims to be more than just a collection of essays and catalogue of artworks, but also a documentation of the event as a whole. An object that both those present at the event and those who missed it would want to own - bringing something new to both sets of readers
Author: Gail Lythgoe
Publisher:
ISBN: 1009377922
Category : Law
Languages : en
Pages : 312
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Book Description
The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.
Author: Kelly M. Greenhill
Publisher: Cornell University Press
ISBN: 0801457424
Category : Social Science
Languages : en
Pages : 357
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Book Description
At first glance, the U.S. decision to escalate the war in Vietnam in the mid-1960s, China's position on North Korea's nuclear program in the late 1990s and early 2000s, and the EU resolution to lift what remained of the arms embargo against Libya in the mid-2000s would appear to share little in common. Yet each of these seemingly unconnected and far-reaching foreign policy decisions resulted at least in part from the exercise of a unique kind of coercion, one predicated on the intentional creation, manipulation, and exploitation of real or threatened mass population movements. In Weapons of Mass Migration, Kelly M. Greenhill offers the first systematic examination of this widely deployed but largely unrecognized instrument of state influence. She shows both how often this unorthodox brand of coercion has been attempted (more than fifty times in the last half century) and how successful it has been (well over half the time). She also tackles the questions of who employs this policy tool, to what ends, and how and why it ever works. Coercers aim to affect target states' behavior by exploiting the existence of competing political interests and groups, Greenhill argues, and by manipulating the costs or risks imposed on target state populations. This "coercion by punishment" strategy can be effected in two ways: the first relies on straightforward threats to overwhelm a target's capacity to accommodate a refugee or migrant influx; the second, on a kind of norms-enhanced political blackmail that exploits the existence of legal and normative commitments to those fleeing violence, persecution, or privation. The theory is further illustrated and tested in a variety of case studies from Europe, East Asia, and North America. To help potential targets better respond to—and protect themselves against—this kind of unconventional predation, Weapons of Mass Migration also offers practicable policy recommendations for scholars, government officials, and anyone concerned about the true victims of this kind of coercion—the displaced themselves.
Author: Graham Scambler
Publisher: Springer
ISBN: 3030231437
Category : Social Science
Languages : en
Pages : 121
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Book Description
This book presents a novel approach to framing the concept of stigma, and understanding why and how it functions. Graham Scambler extends his analysis beyond common social interactionist understandings of stigma by linking experiences to the larger social structure—the political economy. A Sociology of Shame and Blame contends that stigma is being ‘weaponised’ as part of a calculated political strategy favouring capital accumulation over justice, and addresses how the shame associated with stigma has taken on the additional dimension of blame through micro-interactions. The unique Insider-Outsider approach that Scambler harnesses draws on micro and macro social theory to identify links between the prevalence of stigma and agency, culture and structure, and will be an original and key reference point for students and scholars across the social and behavioural sciences, including, but not limited to, sociology, anthropology, psychology, public health and social policy.
