Download or read book Multi Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Download or read book Multi Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Download or read book Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules written by Lee Jing and published by Martinus Nijhoff Publishers. This book was released on 2014-07-17 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.

Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyze three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identifies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analyzed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski and published by Routledge. This book was released on 2017-07-14 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

Download or read book Judicial Covergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Download or read book Strengthening the UN Human Rights Treaty Bodies written by Nils-Hendrik Grohmann and published by Mohr Siebeck. This book was released on 2024-03-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Practice of International and National Courts and the De Fragmentation of International Law written by Ole Kristian Fauchald and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Download or read book International Economic Law after the Global Crisis written by Chin Lim and published by Cambridge University Press. This book was released on 2015-04-30 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the theme of fragmentation within international economic law following the global financial crisis.

Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Download or read book The Engagement of Domestic Courts with International Law written by Eleni Methymaki and published by Oxford University Press. This book was released on 2024-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.

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 International Legal Theory written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2022-08-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.

Download or read book Copyright and International Negotiations written by Ge Chen and published by Cambridge University Press. This book was released on 2017-05-18 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright and International Negotiations provides a historical study of the development of Chinese copyright law in terms of China's contemporary political economy and the impact that international copyright law has had. The analysis shows how China's copyright system is intertwined with censorship and international copyright law and how this has affected freedom of expression. China still enforces an old censorship regime that clamps down on free expression despite a modern system of copyright rules which should function as an engine of free expression. The book explores the development and architecture of Chinese copyright law in parallel with international copyright law, clarifies China's nuanced patterns of the control of free expression through copyright law, and identifies a breakthrough for neutralising the impact of China's censorship policies through copyright law.

Download or read book Invitation to the Sociology of International Law written by Moshe Hirsch and published by Oxford University Press. This book was released on 2015-11-05 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Invitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.