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Author: Brigitte Stern
Publisher: Martinus Nijhoff Publishers
ISBN: 9004151524
Category : Political Science
Languages : en
Pages : 461
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Book Description
This bilingual volume is the third in a series, which has the ambition to present the "jurisprudence" of the WTO, in a simple, coherent and systematic fashion.
Author: Brigitte Stern
Publisher: Martinus Nijhoff Publishers
ISBN: 9004151524
Category : Political Science
Languages : en
Pages : 461
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Book Description
This bilingual volume is the third in a series, which has the ambition to present the "jurisprudence" of the WTO, in a simple, coherent and systematic fashion.
Author: Elsa Bernard
Publisher: Bruylant
ISBN: 2802768964
Category : Law
Languages : fr
Pages : 409
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Book Description
Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.
Author: Hélène Ruiz Fabri
Publisher: Bloomsbury Publishing
ISBN: 1509929061
Category : Law
Languages : en
Pages : 663
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Book Description
Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.
Author: Helene Ruiz Fabri
Publisher: BRILL
ISBN: 900443495X
Category : Law
Languages : en
Pages : 482
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Book Description
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.
Author:
Publisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 116
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Book Description
Author: Junji Nakagawa
Publisher: Routledge
ISBN: 1351619306
Category : Law
Languages : en
Pages : 266
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Book Description
Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.
Author: Stavros Brekoulakis
Publisher: Cambridge University Press
ISBN: 1009020684
Category : Law
Languages : en
Pages : 591
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Book Description
The book offers a comprehensive analysis of the role, importance and place of international commercial courts in the field of international adjudication from a comparative perspective. In a time where scholarly and academic debates revolve around the issues of the role of law in the post-globalization era, the new international commercial courts seem to be in the position to bridge concerns regarding diminished sovereignty, on the one hand, and the necessity of globalizing dispute resolution, on the other. International commercial courts thus present themselves as the paradigm for the future of adjudication.
Author: Chang-fa Lo
Publisher: Springer
ISBN: 9811068666
Category : Law
Languages : en
Pages : 368
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Book Description
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3642349676
Category : Law
Languages : en
Pages : 443
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Book Description
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
Author: Jeffrey Golden
Publisher: Oxford University Press, USA
ISBN: 9780199687862
Category : Law
Languages : en
Pages : 0
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Book Description
The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
