Download or read book Applying Municipal Law in International Disputes written by Paul B. Stephan and published by BRILL. This book was released on 2024-03-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.

Download or read book Solidarity and Community Interests written by R. Wolfrum and published by BRILL. This book was released on 2021-12-28 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

Download or read book Multiple Nationality And International Law written by Alfred Michael Boll and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.

Download or read book Forum Shopping Despite Unification of Law written by Franco Ferrari and published by BRILL. This book was released on 2021-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Download or read book Dual Nationality in the European Union written by Olivier Vonk and published by Martinus Nijhoff Publishers. This book was released on 2012-03-19 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European nationality laws.

Download or read book European Citizenship National Legacies and Transnational Projects written by Klaus Eder and published by OUP Oxford. This book was released on 2001-02-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a common ground on which a European citizenship can be constructed? This volume looks at four foundations of citizenship in Europe: the legacy of national identities, current designs and projects for social and political citizenship in Europe, a transitional public space as the basis of an active European Citizenship in Europe, and a transitional collective identity as a symbolic boundary marker for European citizenship. Such options raise the theoretical question of how to conceive citizenship in a transnationalizing world. Since the idea of European citizenship cannot escape the problem of defining who is a European citizen and who is not, the theoretical problem is tackled by defining the collective bonds of European citizens beyond primordial or traditional bonds that have dominated European history.

Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2005-07-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law (PIL) developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation on conflict of laws in torts, as well as an analysis of the Avello decision, which could create a new framework for the development of PIL in Europe. Additional articles focus on the national conflict systems of some European states. An important comparative study discusses the treatment of foreign tax laws and judgments in four major European countriesâ??United Kingdom, Germany, France, and Italy. The actual and controversial issue of registered partnership is discussed from the perspective of Spanish law. Additionally, an English translation of the latest national PIL codificationâ??the recent Belgian Codeâ??is included.

Download or read book Recueil Des Cours 1996 written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1998-07-13 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - International Business Transactions in United States Courts by H.H. KOH, Professor at Yale University, New Haven; - Citoyennete de l'Union europeenne, nationalite et condition des etrangers, par E. PEREZ VERA, professeur a l'Universidad Nacional de Educacion a Distancia, Madrid. To access the abstract texts for this volume please click here

Download or read book Repertory of International Arbitral Jurisprudence 1919 1945 written by Vincent Coussirat-Coustáere and published by BRILL. This book was released on 1989 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law and the Protection of Humanity written by Pia Acconci and published by Martinus Nijhoff Publishers. This book was released on 2016-11-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.

Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.

Download or read book Citizenship in a Global World written by A. Kondo and published by Springer. This book was released on 2000-04-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparative analysis of residential, social, economic and political rights for aliens. We will analyse the concepts of nationality and citizenship. Some foreigners are increasingly able to enjoy traditional citizenship rights though residential and/or regional citizenship.

Download or read book Law and Citizenship written by Law Commission of Canada and published by UBC Press. This book was released on 2011-11-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Law and Citizenship provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions. How are traditional notions of citizenship erecting borders against those who are excluded? What are the impacts of changing notions of state, borders, and participation on our concepts of citizenship? Within territorial borders, to what extent are citizens able to participate, given that the principles of accountability, transparency, and representativeness remain ideals? The contributors address the numerous implications of the concept of citizenship for public policy, international law, poverty law, immigration law, constitutional law, history, political science, and sociology.

Download or read book Empire s Children written by Emmanuelle Saada and published by University of Chicago Press. This book was released on 2012-03-02 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Operating at the intersection of history, anthropology, and law, this book reveals the unacknowledged but central role of race in the definition of French nationality. The author weaves together the perspectives of jurists, colonial officials, and more, and demonstrates why the French Empire cannot be analyzed in black-and-white terms.

Download or read book Recueil Des Cours written by Hague Academy of International Law and published by . This book was released on 2005 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This General Course on Public International Law at the Hague Academy of International Law try about the evolution of the great themes of our times on the subject, and its importance is widely recognized and has been greateful for all lawyers and relitioned people.

Download or read book International Law in Motion written by Mohsen Mohebi and published by Presses universitaires de Louvain. This book was released on 2020-11-26 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: François Rigaux, who died in 2013, was a great figure of Belgian legal scholarship and left a deep impression on many generations of students from Louvain. Essentially known for his pioneering work in private international law, his legal culture was by no means limited to that field, while his critical thinking on the law radiated far beyond Europe. A man of strong-held political convictions, he fought many battles, which led him along the paths of public international law in search of a fairer world. Counsel for the Islamic Republic of Iran before the Iran-United States Claims Tribunal and judge ad hoc appointed by Iran in a case brought against the United States before the International Court of Justice, he directed at Louvain the doctoral research of several Iranian researchers who later became important figures in the Iranian academic and administrative world, among them is Prof. Mohsen Mohebi the co-editor of this Mélanges. Initiated in Tehran, this bilingual volume of homage brings together twenty contributions on the work of François Rigaux, the jurisprudence of the Iran-United States Claims Tribunal as well as various current issues in public international law, including that of economic sanctions.

Download or read book European Citizenship after Brexit written by Patricia Mindus and published by Springer. This book was released on 2017-04-04 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members. The status of European citizenship and connected rights are first presented. Chapter Two focuses on the legal uncertainty that afflicts second country nationals in the United Kingdom as well as British citizens, turning from expats to post-European third country nationals. Chapter Three describes the functionalist theory and delineates three ways in which it applies to Brexit. These three directions of inquiry are developed in the following chapters. Chapter Four focuses on the intension of Union citizenship: Which rights can be frozen? Chapter Five determines the extension of Union citizenship: Who gets to withdraw the status? The key finding is that while Member states are in principle free to revoke the status of Union citizen, former Member states are not unbounded in stripping Union citizens of their acquired territorial rights. Conclusions are drawn and policy-suggestions summed up in the final chapter.