Download or read book Le Droit international entre la lettre et l esprit written by Mohamed Bennouna and published by BRILL. This book was released on 2017-06-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le droit international entre la lettre et l esprit written by Mohamed Bennouna and published by Brill - Nijhoff. This book was released on 2017 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage confronte la lettre et l'esprit du droit international, ses normes et ses institutions, ainsi que leur interaction sur la vie des peuples, des nations et des Etats dans leur diversite culturelle. L'exercice consiste a decloisonner l'analyse de cette discipline qui concerne, de nos jours, tous les aspects de la vie quotidienne, et a la nourrir des realites humaines. Le droit international est presente comme une technique et un message fondes sur des valeurs universelles. Par-dela l'aspect formel de cette discipline, il s'agit d'en saisir le sens ultime afin d'en evaluer la pertinence et les limites. En substance, l'ouvrage s'attache plus aux questionnements qui secouent actuellement le droit international qu'a ses aspects bien etablis.
Download or read book Bibliography of the International Court of Justice written by International Court of Justice and published by . This book was released on 2022 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.
Download or read book Due Diligence Obligations in International Law written by Alice Ollino and published by Cambridge University Press. This book was released on 2022-03-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the conceptual foundations of due diligence obligations and their normative function in the law of international responsibility.
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 Establishing Norms in a Kaleidoscopic World written by Edith Brown Weiss and published by BRILL. This book was released on 2022-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a kaleidoscopic world in the new Anthropocene Epoch. This calls for a more inclusive public international law that accepts diverse actors in addition to States and other sources of law, including individualized voluntary commitments. Norms are critical to the stability and legitimacy of this international system. They underlie responses to rapid change, to new technological developments and to problems of protecting commons, promoting public goods, and providing social and economic justice. Certain fundamental norms can be identified ; others are emerging. The norm of mutual accountability underpins the implementation of other norms. Norms are especially relevant to frontier doit-yourself technologies, such as synthetic biology, digital currencies, cyber activity, and climate interventions, as addressed in the book. Reconceiving public international law lessens the sharp divide between public and private law and between domestic and international law.
Download or read book Innovation and Experimentation in the International Climate Change Regime written by Lavanya Rajamani and published by BRILL. This book was released on 2021-02-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.
Download or read book The Breach of a Treaty written by Maria Xiouri and published by BRILL. This book was released on 2021-03-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
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 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 Extraterritorial Use of Force against Non State Actors written by Dire Tladi and published by BRILL. This book was released on 2022-05-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.
Download or read book Maritime Delimitation as a Judicial Process written by Massimo Lando and published by Cambridge University Press. This book was released on 2019-06-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.
Download or read book Annuaire de la Commission du Droit International 2011 Vol II Partie 3 written by International Law Commission and published by United Nations. This book was released on 2020-02-18 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international est un organe dexperts, composé de « personnes possédant une compétence notoire en matière de droit international », qui uvre au développement progressif et à la codification du droit international. Annuaire de la Commission du droit international: Volume I : Comptes rendus de séance; Volume II : Texte des principaux rapports établis au cours de lannée, y compris le rapport annuel à lAssemblée générale.
Download or read book Treaties and their Practice written by Georg Nolte and published by BRILL. This book was released on 2019-03-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.
Download or read book Annuaire de la Commission du Droit International 2009 Vol I written by International Law Commission and published by United Nations. This book was released on 2019-01-08 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international est un organe dexperts, composé de personnes possédant une compétence notoire en matière de droit international, qui uvre au développement progressif et à la codification du droit international. Annuaire de la Commission du droit international: Volume I: Comptes rendus de séance; Volume II: Texte des principaux rapports établis au cours de lannée, y compris le rapport annuel à lAssemblée générale.
Download or read book Vattel s International Law from a XXIst Century Perspective Le Droit International de Vattel vu du XXIe Si cle written by Vincent Chetail and published by BRILL. This book was released on 2011-05-23 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. This volume explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law.
Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2020-03-17 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.
