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Author: Shahrad Nasrolahi Fard
Publisher: Routledge
ISBN: 131731218X
Category : Law
Languages : en
Pages : 210
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Book Description
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
Author: Shahrad Nasrolahi Fard
Publisher: Routledge
ISBN: 131731218X
Category : Law
Languages : en
Pages : 210
Get Book Here
Book Description
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
Author: Arianna Whelan
Publisher:
ISBN:
Category :
Languages : en
Pages : 365
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Book Description
Author: Bryan Peeler
Publisher: Cambridge University Press
ISBN: 110848669X
Category : Law
Languages : en
Pages : 227
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Book Description
An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.
Author: Arianna Whelan
Publisher: Cambridge University Press
ISBN: 1108987850
Category : Law
Languages : en
Pages : 295
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Book Description
There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Author: Eileen Denza
Publisher: Oxford University Press
ISBN: 019100913X
Category : Law
Languages : en
Pages : 519
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Book Description
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author: Shahrad Nasrolahi Fard
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Andrew T. Guzman
Publisher: Oxford University Press
ISBN: 0199739285
Category : Law
Languages : en
Pages : 273
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Book Description
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
Author: Marcin Kałduński
Publisher: Palgrave Macmillan
ISBN: 9783031667459
Category : Law
Languages : en
Pages : 0
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Book Description
The world is changing. The era of globalization – where the states have been eager to cooperate towards common aims – might seem to be disappearing. Russia expresses a contempt for international law, China makes claim to power, while the United States, at least temporarily, shows disregard to international institutions they themselves created (in particular, the WTO and the WHO). The growing phenomenon of nationalistic and authoritarian leaders may seem to hamper the development of community interests. Some states may be more inclined to resort to reciprocal behaviour as certain events indicate (e.g., the exchange of prisoners-of-war in the Russia-Ukraine conflict and an exchange of economic sanctions – tit-for-tat or tat-for-tat). The field of international law appears to be returning to first principles in the light of multiple world crises. Thus, reciprocity – as a classic concept of international law – may “come back from the shadows,” be reinvented and reinforced to form one of the basic pillars in the relations among states. Given the above, the purpose of the book is to rediscover and identify the position and role of reciprocity in contemporary international law.
Author: David J. Devlaeminck
Publisher: Routledge
ISBN: 1000215164
Category : Law
Languages : en
Pages : 132
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Book Description
Utilizing the principle of reciprocity, Reciprocity and China’s Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China’s transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity’s continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.
Author: Jürgen Basedow
Publisher: Edward Elgar Publishing
ISBN: 9781782547228
Category : Comparative law
Languages : en
Pages : 2500
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Book Description
The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.
