Hastings International and Comparative Law Review

Hastings International and Comparative Law Review PDF Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 566

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Book Description

Hastings International and Comparative Law Review

Hastings International and Comparative Law Review PDF Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 566

Get Book Here

Book Description


Judicial Reconstruction and the Rule of Law

Judicial Reconstruction and the Rule of Law PDF Author: Angeline Lewis
Publisher: Martinus Nijhoff Publishers
ISBN: 900422811X
Category : Law
Languages : en
Pages : 266

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Book Description
The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’

War, Aggression and Self-Defence

War, Aggression and Self-Defence PDF Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 1108127363
Category : Law
Languages : en
Pages : 441

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Book Description
War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

State Immunity in International Law

State Immunity in International Law PDF Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941

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Book Description
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

International Law and the Principle of Non-Intervention

International Law and the Principle of Non-Intervention PDF Author: Professor of International Law Marco Roscini
Publisher: Oxford University Press
ISBN: 0198786891
Category : Law
Languages : en
Pages : 497

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Book Description
This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO PDF Author: Yenkong Ngangjoh-Hodu
Publisher: Edward Elgar Publishing
ISBN: 1783473851
Category : Business & Economics
Languages : en
Pages : 211

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Book Description
Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol PDF Author:
Publisher: Oxford University Press
ISBN: 0192667203
Category : Law
Languages : en
Pages : 2697

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Book Description
The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

The Internationalisation of Antitrust Policy

The Internationalisation of Antitrust Policy PDF Author: Maher M. Dabbah
Publisher: Cambridge University Press
ISBN: 1139438506
Category : Law
Languages : en
Pages : 350

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Book Description
The internationalisation of antitrust policy is a topic of great contemporary significance and debate. Dr Dabbah provides an inquiry that is at once clearly stated, original and empirical, setting out the relevant issues in the context of law, economics and politics. He draws on the decisional practice of antitrust authorities, actions and statements of political bodies, as well as the decisions of law courts. Providing a detailed examination of the experiences of the European Community and the United States, Dr Dabbah includes a comprehensive examination of central concepts and ideas related to antitrust law and practice. The book concludes by looking forward to potential developments in the landscape and suggests an approach to the internationalisation of antitrust policy. This will be of interest to antitrust officials, as well as international organisations, members of the business community, academics, researchers and policy-makers who are involved in antitrust law and policy.

National Courts and the International Rule of Law

National Courts and the International Rule of Law PDF Author: André Nollkaemper
Publisher: Oxford University Press
ISBN: 0191652822
Category : Law
Languages : en
Pages : 384

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Book Description
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Armed Non-State Actors in International Humanitarian and Human Rights Law

Armed Non-State Actors in International Humanitarian and Human Rights Law PDF Author: Konstantinos Mastorodimos
Publisher: Taylor & Francis
ISBN: 1134800541
Category : Law
Languages : en
Pages : 302

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Book Description
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.