Download or read book Law Territory and Conflict Resolution written by Matteo Nicolini and published by BRILL. This book was released on 2016-05-02 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book The Territorial Jurisdiction of the International Criminal Court written by Michalēs Vagias and published by Cambridge University Press. This book was released on 2014-10-16 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
Download or read book Territorial Jurisprudence written by J. W. Smurr and published by . This book was released on 1971 with total page 2102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book Extraterritorial Application of Human Rights Treaties written by Fons Coomans and published by Intersentia nv. This book was released on 2004 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Download or read book Territorial Rights written by Tamar Meisels and published by Springer Science & Business Media. This book was released on 2005 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Jurisprudence written by Sir John William Salmond and published by . This book was released on 1924 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Textbook on Jurisprudence written by Dr. Veena Madhav Tomapi and published by Universal Law Publishing. This book was released on 1946 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unlawful Territorial Situations in International Law written by Enrico Milano and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Download or read book Territorial Status in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 2012-11-09 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Download or read book Global Justice State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Download or read book The Territorial Jurisdiction of the International Criminal Court written by Michail Vagias and published by Cambridge University Press. This book was released on 2014-10-16 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
