Download or read book Protecting Community Interests Through written by ZYBERI and published by Intersentia. This book was released on 2021-11-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018-05-10 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018-05-16 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021-08-04 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.
Download or read book Beyond Bilateralism written by Sarah Thin and published by Edward Elgar Publishing. This book was released on 2024-07-05 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book reimagines responsibility in international law, establishing the concept of non-bilateral responsibility as an objective legal situation generated by the commission of an internationally wrongful act. It examines the nature, operation and impact of this new form of responsibility, exploring its deep consequences for the legal system.
Download or read book The South China Sea Arbitration written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law.
Download or read book Public Interest Litigation in International Law written by Justine Bendel and published by Taylor & Francis. This book was released on 2023-09-25 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future
Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2023-02-28 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
Download or read book From Bilateralism to Community Interest written by Ulrich Fastenrath and published by . This book was released on 2011 with total page 1374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.
Download or read book Case Law and the Development of International Law written by Patrícia Galvão Teles and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.
Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Download or read book The Prospects of Common Concern of Humankind in International Law written by Thomas Cottier and published by Cambridge University Press. This book was released on 2021-05-13 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Download or read book Research Handbook on International Solidarity and the Law written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.
Download or read book The Commons and a New Global Governance written by Samuel Cogolati and published by Edward Elgar Publishing. This book was released on 2018-12-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.
Download or read book Intentional Destruction of Cultural Heritage and the Law written by Alberta Fabbricotti and published by Taylor & Francis. This book was released on 2024-09-09 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH). The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.
Download or read book A Practical Guide to Working with TRIPS written by Antony Taubman and published by Oxford University Press. This book was released on 2011-04-07 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brief and accessible guide to the practical workings of the TRIPS agreement, this book offers a unique account of how the international rules of intellectual property function in practice within a broader legal framework that consists of WTO law and dispute resolution procedures.
Download or read book Security versus Justice written by Florian Geyer and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?
