Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Download or read book The International Law Commission s Draft Articles on State Responsibility written by United Nations. International Law Commission and published by Martinus Nijhoff Publishers. This book was released on 1991-05-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.
Download or read book Official Records written by and published by . This book was released on 1980 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Annals of the Chinese Society of International Law written by and published by . This book was released on 1975 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 1977 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Download or read book Nachweis F r Deutsche Bibliotheken Erworbener Auslandsliteratur written by Notgemeinschaft der Deutschen Wissenschaft and published by . This book was released on with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Humanitarian Intervention written by Mark Swatek-Evenstein and published by Cambridge University Press. This book was released on 2020-02-13 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
Download or read book Yearbook of International Organizations 2014 2015 Volume 4 written by Union Of International Associations and published by . This book was released on 2014-09-17 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and acitvities of international organizations, with their events, publications and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data. Providing both an international organizations and research bibliography, Volume 4 cites over 46,000 publications and information resources supplied by international organizations, and provides nearly 18,000 research citations under 40 subject headings. This volume also includes a research bibliography on international organizations and transnational associations.
Download or read book Index to Book Reviews in Religion written by and published by . This book was released on 1995 with total page 1166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dictionary Catalogue of the Library of the Pontifical Institute of Mediaeval Studies Toronto Canada Church G Gou written by Pontifical Institute of Mediaeval Studies. Library and published by Boston : G.K. Hall. This book was released on 1972 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book written by and published by . This book was released on 1976 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1955 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bradley Bibliography Forestry 1914 written by Alfred Rehder and published by . This book was released on 1914 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by OUP Oxford. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
