Download or read book Estoppel Acquiescence and Recognition in Territorial and Boundary Dispute Settlement written by Nuno Sergio Marques Antunes and published by IBRU. This book was released on 2000 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
Download or read book Brownlie s Principles of Public International Law written by James Crawford and published by Oxford University Press, USA. This book was released on 2019 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.
Download or read book Toward a New Framework for Peaceful Settlement of China s Territorial and Boundary Disputes written by Junwu Pan and published by BRILL. This book was released on 2009-02-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China’s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China’s major territorial and boundary disputes.
Download or read book The Importance of the Tidal Datum in the Definition of Maritime Limits and Boundaries written by Nuno Sergio Marques Antunes and published by IBRU. This book was released on 2000 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intertemporal Linguistics in International Law written by Julian Wyatt and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Download or read book Corruption and Illegality in Asian Investment Arbitration written by Nobumichi Teramura and published by Springer Nature. This book was released on with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hostile Business and the Sovereign State written by Michael J. Strauss and published by Routledge. This book was released on 2018-12-14 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.
Download or read book Unilateral Acts of States in Public International Law written by Przemyslaw Saganek and published by BRILL. This book was released on 2015-11-09 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
Download or read book The Rights and Obligations of States in Disputed Maritime Areas written by Youri van Logchem and published by Cambridge University Press. This book was released on 2021-10-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.
Download or read book Boundaries and Secession in Africa and International Law written by Dirdeiry M. Ahmed and published by Cambridge University Press. This book was released on 2015-12-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Download or read book Intervention Border and Maritime Issues in CARICOM written by Kenneth Hall and published by Ian Randle Publishers. This book was released on 2007 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The maritime land and river boundary disputes between the adjacent South American countries of Suriname and Guyana existed long before the two nations gained independence from colonialism. Both countries claim sovereignty over three regions: the Courantyne River which separates them; the New River Triangle, which lies at the southern edge of the adjacent countries; and part of the Caribbean Sea, which extends north from their coastlines. The issue was of little importance until the discovery of important natural resources in the contested regions: gold deposits were found in the New River Triangle and offshore petroleum opportunities arose on the continental shelf. When both nations realized that timely resolution was economically crucial, they renewed efforts to achieve a comprehensive bilateral demarcation. However, a mutually agreeable settlement has proved far more elusive than anticipated.In Intervention Border and Maritime Issues in CARICOM, the contributors address this ongoing boundary dispute as well other maritime disputes between Barbados and Trinidad and Tobago and Guatemala and Belize. The background of the disputes are discussed in the context of international law as well as CARICOM s intervention and non-intervention. The major conflicts have tested the goodwill and ability of member states and CARICOM to find common ground at the leadership level. At a time when the Community is grappling with the erosion of preferential agreements as well as competition for aid from countries in the east of an expanded Europe, striking a harmonious balance with the self-interests of individual states in order to resolve conflict is of supreme importance.Recommendations for the resolution of conflict are offered, including a strengthening of Community mechanisms so as to avoid inciting external interference and intervention in any form. The assertion of individual interests however, will continue to test the flexibility and resourcefulness of CARICOM in absorbing and accommodating these interests. CARICOM must find a way between an inter-governmental approach and a supranational approach that best represents the interests of all of its members.
Download or read book Arbitrating for Peace written by Joel Dahlquist and published by Kluwer Law International B.V.. This book was released on 2016-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although short of attaining the ideal of a ‘substitute for war’, arbitration has largely succeeded in peacefully resolving international disputes. Beyond that, arbitral commitments and arbitral processes have deepened civilized and cooperative international relations, promoted the development of international law and international institutions, and facilitated the well-being of mankind in multiple important ways. Particulars of that proposition are set forth in this one-of-a-kind book. Each of the fourteen chapters is devoted to one landmark international arbitration case, primarily state-to-state but also includes commercial disputes with geopolitical dimensions. Each chapter is written by a practitioner and/or academic of high international standing. The project was initiated by the Stockholm Chamber of Commerce, which celebrates its centennial in 2017. By focusing on landmark cases, the book contributes to a continued dynamic development of dispute resolution in complicated or sensitive geopolitical contexts, and demonstrates how arbitration has and can continue to play an important role for international relations. Practitioners, political decision makers, and academics in any part of the world with an interest in international arbitration and international law or political history and policy on an international level will find it not only deeply informative but also immensely useful.
Download or read book Towards a Universal Justice Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
Download or read book A Practitioner s Guide to Maritime Boundary Delimitation written by Stephen Fietta and published by Oxford University Press. This book was released on 2016 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Download or read book Japan s Territory under International Law written by and published by BRILL. This book was released on 2024-09-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
