Download or read book The Advancement of International Law written by Charles Leben and published by Bloomsbury Publishing. This book was released on 2010-10-15 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

Download or read book La repr sentation institutionnelle dans l ordre international written by Evelyne Lagrange and published by BRILL. This book was released on 2021-10-18 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'institutionnalisation et l'organisation d'un ordre juridique sur un mode représentatif impliquent un processus de différenciation fonctionnelle entre représentés et représentants permettant la réduction de la multiplicité à l'unité. La personne morale apparaît comme le terme réunificateur de tout système representative. Dans l'ordre international, ce processus est perturbé par la présence, dans les organs intergouvernementaux, de représentants d'Etat qui sont autant d'organes des Etats membres, présence prolongée par le consentement aux actes adoptés en leur sein. Quel en est donc le sujet d'imputation : l'organisation ou ses membres ? Une théorie de l'acte doit être développée au coeur de la théorie de l'organe pour démontrer que l'organisation internationale est la personnification juridique d'une collectivité d'Etats dotée d'un système représentatif, et n'est que cela. La qualité de partie à un traité constitutif et de membre d'une organisation internationale ne prive l'Etat d'aucun des attributs de la souveraineté dans l'ordre international. Au contraire, la faculté d'investir un sujet de droit de compétences nouvelles est précisément un attribut de la souveraineté : l'organisation est tout entière une création des Etats membres. Leur souveraineté n'inhibe pas le processus de personnification de l'organisation qui, en retour, ne la confisque pas : la souveraineté et la relativité des rapports juridiques demeurent les principes régulateurs de l'ordre international.

Download or read book Recueil Des Cours Collected Courses 1975 written by and published by Martinus Nijhoff Publishers. This book was released on 1978-10-20 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Catalogue des th ses reproduites written by and published by . This book was released on 2001 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contribution une th orie g n rale des contrats entre personnes publiques written by Jean-David Dreyfus and published by . This book was released on 1997 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt: LES CONTRATS ENTRE PERSONNES MORALES DE DROIT PUBLIC ONT CONNU UN FORT DEVELOPPEMENT AU COURS DES VINGT DERNIERES ANNEES. ILS INTERVIENNENT DESORMAIS DANS LES DOMAINES LES PLUS DIVERS. PRIS EN TANT QU'OBJET D'ETUDE AUTONOME, ILS PRESENTENT ASSEZ D'UNITE POUR QUE L'ON PUISSE EN ELABORER UNE THEORIE GENERALE. QU'ILS SOIENT DE NATURE ADMINISTRATIVE OU PRIVEE, LES SOURCES DU DROIT QUI LES REGIT - MARQUEES PAR L'IMPORTANCE DES SOURCES ECRITES - PRESENTENT DE FORTES SIMILITUDES. PARCE QUE CE SONT DES CONTRATS, C'EST-A-DIRE DES ACCORDS DE VOLONTES GENERATEURS D'OBLIGATIONS SELON UNE DEFINITION COMMUNE AUX DROITS PUBLIC ET PRIVE, LES PRINCIPES DE FORCE OBLIGATOIRE ET D'EFFET RELATIF POSES PAR LE CODE CIVIL LEUR SONT APPLICABLES. LEUR REGIME EST TOUTEFOIS MARQUE PAR LA DIFFERENCE DE SITUATION ENTRE LES PARTIES A L'ACTE, CE QUI LES RAPPROCHE DES CONTRATS ADMINISTRATIFS. L'UNE DE CES PARTIES, CELLE QUI A LA RESPONSABILITE PRINCIPALE DU SERVICE, DISPOSERA DES POUVOIRS D'INTERVENTION TRADITIONNELLEMENT RECONNUS A L'ADMINISTRATION LORSQUE LE CONTRAT LIE UNE PERSONNE PUBLIQUE ET UNE PERSONNE PRIVEE. PARCE QUE LES DONNEES D'INTERET GENERAL DEMEURENT PRESENTES, LES THEORIES DE L'IMPREVISION ET DU FAIT DU PRINCE POURRONT ETRE MISES EN OEUVRE. LES CONTRATS ENTRE ENTITES PUBLIQUES DIFFERENT CEPENDANT DES CONTRATS ADMINISTRATIFS PAR LE FAIT QUE LE JUGE ADMINISTRATIF DU CONTRAT ACCEPTE DE TENIR UN ROLE PLUS ACTIF AU COURS DE LA PHASE D'EXECUTION (MAIS IL N'EST QUE RAREMENT SAISI). EN OUTRE, LEUR PARTICULARITE EST DE PORTER SUR LES COMPETENCES DES PERSONNES PUBLIQUES - LEURS CLAUSES NE PRESENTENT TOUTEFOIS PAS ENTRE LES PARTIES UN CARACTERE REGLEMENTAIRE - QUI S'EN SERVENT POUR MODIFIER, PARFOIS SANS INVESTITURE SPECIFIQUE, L'ORDRE LEGAL DE CES COMPETENCES. CE QUI EST D'AUTANT PLUS REMARQUABLE QUE LES COMPETENCES NE SONT PAS DES DROITS SUBJECTIFS DONT LES COLLECTIVITES PUBLIQUES PEUVENT DISPOSER A LEUR GRE. LES CONTRATS ENTRE PERSONNES PUBLIQUES APPARAISSENT AINSI COMME UN DES OUTILS ESSENTIELS DE REFORME DE NOTRE SYSTEME PUBLIC.

Download or read book Recueil Des Cours Volume 127 1969 II written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Manuel l mentaire de Droit Romain written by Paul Frédéric Girard and published by . This book was released on 1911 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Manual of International Law written by Georg Schwarzenberger and published by . This book was released on 1976 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Download or read book Sovereignty in Action written by Bas Leijssenaar and published by Cambridge University Press. This book was released on 2019-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Download or read book A Modern Law of Nations written by Philip C. Jessup and published by Orth Press. This book was released on 2007-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: PREFACE. THE Author of this very practical treatise on Scotch Loch - Fishing desires clearly that it may be of use to all who had it. He does not pretend to have written anything new, but to have attempted to put what he has to say in as readable a form as possible. Everything in the way of the history and habits of fish has been studiously avoided, and technicalities have been used as sparingly as possible. The writing of this book has afforded him pleasure in his leisure moments, and that pleasure would be much increased if he knew that the perusal of it would create any bond of sympathy between himself and the angling community in general. This section is interleaved with blank shects for the readers notes. The Author need hardly say that any suggestions addressed to the case of the publishers, will meet with consideration in a future edition. We do not pretend to write or enlarge upon a new subject. Much has been said and written-and well said and written too on the art of fishing but loch-fishing has been rather looked upon as a second-rate performance, and to dispel this idea is one of the objects for which this present treatise has been written. Far be it from us to say anything against fishing, lawfully practised in any form but many pent up in our large towns will bear us out when me say that, on the whole, a days loch-fishing is the most convenient. One great matter is, that the loch-fisher is depend- ent on nothing but enough wind to curl the water, -and on a large loch it is very seldom that a dead calm prevails all day, -and can make his arrangements for a day, weeks beforehand whereas the stream- fisher is dependent for a good take on the state of the water and however pleasant and easy it may be for one living near the banks of a good trout stream or river, it is quite another matter to arrange for a days river-fishing, if one is looking forward to a holiday at a date some weeks ahead. Providence may favour the expectant angler with a good day, and the water in order but experience has taught most of us that the good days are in the minority, and that, as is the case with our rapid running streams, -such as many of our northern streams are, -the water is either too large or too small, unless, as previously remarked, you live near at hand, and can catch it at its best. A common belief in regard to loch-fishing is, that the tyro and the experienced angler have nearly the same chance in fishing, -the one from the stern and the other from the bow of the same boat. Of all the absurd beliefs as to loch-fishing, this is one of the most absurd. Try it. Give the tyro either end of the boat he likes give him a cast of ally flies he may fancy, or even a cast similar to those which a crack may be using and if he catches one for every three the other has, he may consider himself very lucky. Of course there are lochs where the fish are not abundant, and a beginner may come across as many as an older fisher but we speak of lochs where there are fish to be caught, and where each has a fair chance. Again, it is said that the boatman has as much to do with catching trout in a loch as the angler. Well, we dont deny that. In an untried loch it is necessary to have the guidance of a good boatman but the same argument holds good as to stream-fishing...

Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Download or read book The Practice of Everyday Life written by Michel de Certeau and published by Univ of California Press. This book was released on 1984 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michel de Certeau considers the uses to which social representation and modes of social behavior are put by individuals and groups, describing the tactics available to the common man for reclaiming his own autonomy from the all-pervasive forces of commerce, politics, and culture. In exploring the public meaning of ingeniously defended private meanings, de Certeau draws on an immense theoretical literature in analytic philosophy, linguistics, sociology, semiology, and anthropology--to speak of an apposite use of imaginative literature.

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Download or read book The European Landscape Convention written by Michael Jones and published by Springer Science & Business Media. This book was released on 2011-02-09 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book’s focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.

Download or read book The Lion s Share written by Guido Alfani and published by Cambridge University Press. This book was released on 2019-02-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most in-depth analysis of inequality and social polarization ever attempted for a preindustrial society. Using data from the archives of the Venetian Terraferma, and compared with information available for elsewhere in Europe, Guido Alfani and Matteo Di Tullio demonstrate that the rise of the fiscal-military state served to increase economic inequality in the early modern period. Preindustrial fiscal systems tended to be regressive in nature, and increased post-tax inequality compared to pre-tax - in contrast to what we would assume is the case in contemporary societies. This led to greater and greater disparities in wealth, which were made worse still as taxes were collected almost entirely to fund war and defence rather than social welfare. Though focused on Old Regime Europe, Alfani and Di Tullio's findings speak to contemporary debates about the roots of inequality and social stratification.