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Author: Eirik Bjorge
Publisher: Bloomsbury Publishing
ISBN: 1509918795
Category : Law
Languages : en
Pages : 788
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Book Description
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Author: Eirik Bjorge
Publisher: Bloomsbury Publishing
ISBN: 1509918795
Category : Law
Languages : en
Pages : 788
Get Book Here
Book Description
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Author: Eirik Bjorge
Publisher: Bloomsbury Publishing
ISBN: 1509918787
Category : Law
Languages : en
Pages : 637
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Book Description
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Author: Eirik Bjorge
Publisher: Bloomsbury Publishing
ISBN: 1849467889
Category : Law
Languages : en
Pages : 637
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Book Description
1. Introduction / Eirik Bjorge and Cameron Miles -- 2. The Charming Betsy and The Paquete Habana (1804 and 1900) / William S Dodge -- 3. Mavrommatis Palestine Concessions (Greece v Great Britain) (1924-27) / Michael Waibel -- 4. Factory at Chorzów (Germany v Poland) (1927-28) / Chester Brown -- 5. SS Lotus (France v Turkey) (1927) / Douglas Guilfoyle -- 6. Island of Palmas (Netherlands v United States of America) (1928) / Eirik Bjorge -- 7. Legal Status of Eastern Greenland (Denmark v Norway) (1933) / Rolf Einar Fife -- 8. Trail Smelter (United States of America/Canada) (1938 and 1941) / Duncan French -- 9. Trial Before the International Military Tribunal at Nuremberg (1945-46) / Katherine O'Byrne and Philippe Sands -- 10. The Early United Nations Advisory Opinions (1948-62) / Thomas D Grant and Rowan Nicholson -- 11. The South West Africa Cases (1949 to 1971) / James Crawford and Paul Mertenskötter -- 12. North Sea Continental Shelf (Federal Republic of Germany v Netherlands; Federal Republic of Germany v Denmark) (1969) / Nikiforos Panagis and Antonios Tzanakopoulos -- 13. Barcelona Traction, Light and Power Company (Belgium v Spain) (1970) / Giorgio Gaja -- 14. Tyrer v United Kingdom (1978) / Nigel Rodley -- 15. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (1984 to 1986) / Robert Kolb -- 16. Tadic v Prosecutor (1995) / Sarah MH Nouwen and Michael A Becker -- 17. The Nuclear Weapons Advisory Opinions (1996) / Surabhi Ranganathan -- 18. Gabcíkovo-Nagymaros Project (Hungary/Slovakia) (1997) / Laurence Boisson de Chazournes and Makane Moïse Mbengue -- 19. Vivendi v Argentina (1997-2010) / Sam Luttrell -- 20. US-Import Prohibition of Certain Shrimp and Shrimp Products (1998) / Callum Musto and Catherine Redgwell -- 21. LaGrand (Germany v United States of America) (2001) / Cameron Miles -- 22. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) / John Dugard -- 23. Jurisdictional Immunities of the State (Germany v Italy;Greece intervening) (2012) / Omri Sender and Michael Wood.
Author: Alexander Wild
Publisher: Springer Science & Business Media
ISBN: 9067048089
Category : Law
Languages : en
Pages : 281
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Book Description
FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
Author: Leïla Choukroune
Publisher: Cambridge University Press
ISBN: 1108423884
Category : Law
Languages : en
Pages : 847
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Book Description
An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.
Author: Meg Kinnear
Publisher: Kluwer Law International B.V.
ISBN: 9041161414
Category : Law
Languages : en
Pages : 723
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Book Description
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author: Cedric Ryngaert
Publisher: Oxford University Press
ISBN: 0198743629
Category : Law
Languages : en
Pages : 481
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Book Description
The first casebook of its kind, Judicial Decisions on the Law of International Organizations contains relevant excerpts of leading court opinions and decisions on the law of international organizations (international institutional law) and critical commentaries written by leading experts in the field.
Author: Satvinder Juss
Publisher: Bloomsbury Publishing
ISBN: 1782255575
Category : Law
Languages : en
Pages : 406
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Book Description
Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.
Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179
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Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900276
Category : Law
Languages : en
Pages : 465
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Book Description
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
