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Author:
Publisher: BRILL
ISBN: 9004390480
Category : Law
Languages : en
Pages : 288
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Book Description
In Permutations of Responsibility in International Law the concept of responsibility in international law is tackled from a multitude of angles. The various contributions, which emerged from the proceedings of the ILA Hellenic Branch Regional Conference (2012), examine both classical and modern issues relating to the nature of responsibility, both as responsibility for unlawful acts and liability for lawful acts, the multifariousness of actors whose actions (or omissions) may give rise to responsibility, and finally the plethora of responsibility-related issues that have emerged in different areas of international law, be it international law of the sea, trade and investment or human rights law.
Author:
Publisher: BRILL
ISBN: 9004390480
Category : Law
Languages : en
Pages : 288
Get Book Here
Book Description
In Permutations of Responsibility in International Law the concept of responsibility in international law is tackled from a multitude of angles. The various contributions, which emerged from the proceedings of the ILA Hellenic Branch Regional Conference (2012), examine both classical and modern issues relating to the nature of responsibility, both as responsibility for unlawful acts and liability for lawful acts, the multifariousness of actors whose actions (or omissions) may give rise to responsibility, and finally the plethora of responsibility-related issues that have emerged in different areas of international law, be it international law of the sea, trade and investment or human rights law.
Author: Photini Pazartzis
Publisher:
ISBN: 9789004372726
Category : International law
Languages : en
Pages : 0
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Book Description
In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.
Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1316195384
Category : Law
Languages : en
Pages : 399
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Book Description
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
Author: Jan Paulsson
Publisher: Cambridge University Press
ISBN: 1139448285
Category : Law
Languages : en
Pages : 307
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Book Description
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
Category : Law
Languages : en
Pages : 305
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Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Aikaterini Titi
Publisher:
ISBN: 9783848710621
Category : Capital investments
Languages : en
Pages : 376
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Book Description
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
Author: United Nations. International Law Commission
Publisher:
ISBN:
Category : International law
Languages : en
Pages :
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Book Description
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 1316272699
Category : Law
Languages : en
Pages : 471
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Book Description
This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
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.
Author: Andrew Clapham
Publisher: OUP Oxford
ISBN: 0191632678
Category : Law
Languages : en
Pages : 433
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Book Description
This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.
