Download or read book Countermeasures the International Legal System and Environmental Violations written by and published by Cambria Press. This book was released on with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Countermeasures the International Legal System and Environmental Violations written by Hjortur Bragi Sverrisson and published by . This book was released on 2014-05-14 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an anarchical society of independent states, unilateral measures play an important role. Fortunately, this does not mean that most states act unilaterally most of the time; on the contrary, cooperation is the key word in most areas of international relations and international law. However, in the absence of a comprehensive judicial system or effective enforcement system, states have and will continue to take unilateral measures to enforce law and policies. Sometimes these measures only claim to legality is the application of the countermeasures doctrine. This landmark book by Dr. Hjrtur Bragi Sverrisson, the Head of Legal Affairs at EEA Grants, a development fund within the European Free Trade Association (EFTA), examines the law of countermeasures in the context of violations of international legal environmental obligations of states. It reviews the source of authority of states, namely, sovereignty, its interaction with the notion of international law, and the limitation of the latter. An in-depth review of the doctrine of countermeasures follows, by presenting, contrasting, and critically analyzing the views of the classical masters, as well as contemporary authors and other authoritative sources. The book puts the theories into context by presenting seven cases of states use, or threat of use, of unilateral remedies to protect environmental interests. One must remember that frustration, domestic politics, sovereign identity, and the need to show resolve not only are all a recipe for unlawful countermeasures, but also are often the underlying cause for such measures. Therefore, the environment for a solid and politically detached legal analysis regarding the flora of permissiblemeasures might not be the most favorable. However, the decision to take countermeasures cannot be a spontaneous one; it has to be meticulously analyzed, and proper steps have to be taken before such measures are used. Only then can the countermeasures doctrine form the basis for a legal and legitimate unilateral enforcement of international law. By shedding a light on this labyrinth, this book provides guidance for scholars and students, private actors, and policy makers, as well as legal advisers to governments.
Download or read book Tallinn Manual 2 0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
Download or read book Environmental Crime written by Mary Clifford and published by Jones & Bartlett Publishers. This book was released on 2011-09 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental crime is an increasingly serious problem nationally and internationally, and is an expanding field of study in today’s environmentally conscious classroom. Fully revised and updated, Environmental Crime, Second Edition revisits the early construction of environmental crime as a subject of study and addresses new and emerging subjects of study, specifically focused on the United States but including research from Europe, Australia, and around the world. Comprehensive and interdisciplinary in its focus, this Second Edition is written by a collection of experts in the field and presents themes related to the social, cultural, political, economic, scientific and legal contexts of environmental crime. Each chapter includes key terms, review questions, discussion questions, and references. The accessible style and easy-to-read format make Environmental Crime, Second Edition ideal for anyone from any discipline, with little to no exposure to the subject matter. New material added to the Second Edition: • New chapter on the relationship between social and political activism and legislative change • New chapter on crime theories specifically focused on environmental issues • Updates on the history and legislation • Updates on definition and related terms • Updates on state and local issues • Updates on police, courts, sentencing and punishments • New online link with additional resources for students Key Features: * Includes contributions from nationally and internationally known experts on the topic of environmental crime * Provides a comprehensive focus on the United States laws and policies related to environmental law, violations, punishments and sanctions * Includes a historical review of law creation and activist protests focused on organizing and changing laws around environmental protections and environmental harms * Interdisciplinary in its focus, the text includes biological sciences, history and political debates, economics, media, crime theory and its application, in addition to sections on international constructions of environmental crime and future research directions Instructor Resources: * Test Bank * Microsoft PowerPoint slides
Download or read book Transnational Terrorism and State Accountability written by Vincent-Joël Proulx and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by Oxford University Press. This book was released on 2009-10 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.
Download or read book International Law written by Malcolm David Evans and published by Oxford University Press, USA. This book was released on 2014 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
Download or read book Institutionalizing State Responsibility written by Vincent-Joël Proulx and published by Oxford University Press. This book was released on 2016-05-05 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
Download or read book Peacetime Unilateral Remedies written by Elisabeth Zoller and published by Brill Nijhoff. This book was released on 1984 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published under the Transnational Publishers imprint.
Download or read book Yale Law Journal Volume 121 Number 2 November 2011 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2011-12-02 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue features articles on new ideas in enforcing international law, and on the role of incentives and disincentives under the idea of limited government. Contributors include the noted scholars Oona Hathaway, Scott J. Shapiro, Benjamin Ewing, and Douglas A. Kysar. The issue also features student contributions on sentencing guidelines and the historical argument for Presidential war powers. Contents for the Nov. 2011 issue (number 2) include: • "Outcasting: Enforcement in Domestic and International Law," by Oona Hathaway & Scott J. Shapiro • "Prods and Pleas: Limited Government in an Era of Unlimited Harm," by Benjamin Ewing & Douglas A. Kysar • Note, "Baseline Framing in Sentencing," by Daniel M. Isaacs • Comment, "The Anti-Federalists and Presidential War Powers," by Cameron O. Kistler
Download or read book Yearbook on International Investment Law and Policy 2013 2014 written by Andrea K. Bjorklund and published by Oxford University Press, USA. This book was released on 2015 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It begins with the 2013-2014 trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law. Also included are pertinent general articles by leading experts in the field. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.
Download or read book WTO Trade Remedies in International Law written by Roberto Soprano and published by Routledge. This book was released on 2018-07-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Download or read book Encyclopedia of White Collar and Corporate Crime written by Lawrence M. Salinger and published by SAGE Publications. This book was released on 2013-06-14 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of the Encyclopedia of White Collar and Corporate Crime was produced in 2004, the number and severity of these crimes have risen to the level of calamity, so much so that many experts attribute the near-Depression of 2008 to white-collar malfeasance, namely crimes of greed and excess by bankers and financial institutions. Whether the perpetrators were prosecuted or not, white-collar and corporate crime came near to collapsing the U.S. economy. In the 7 years since the first edition was produced we have also seen the largest Ponzi scheme in history (Maddoff), an ecological disaster caused by British Petroleum and its subcontractors (Gulf Oil Spill), and U.S. Defense Department contractors operating like vigilantes in Iraq (Blackwater). White-collar criminals have been busy, and the Second Edition of this encyclopedia captures what has been going on in the news and behind the scenes with new articles and updates to past articles.
Download or read book Research Handbook on UN Sanctions and International Law written by Larissa van den Herik and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
