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 Netherlands Yearbook of International Law 2016 written by Martin Kuijer and published by Springer. This book was released on 2017-12-13 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

Download or read book Territorial Leasing in Diplomacy and International Law written by Michael J. Strauss and published by BRILL. This book was released on 2015-05-19 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial Leasing in Diplomacy and International Law focuses on an unexplored but relatively common practice in which states reallocate their rights on territory without altering formal boundaries or resorting to definitive cessions. As products of diplomacy, leases address a frequent situation that, in extreme cases, can lead to war: the desire by more than one state to exercise sovereign authority in the same place. As instruments of international law, they paradoxically reinforce the territorial integrity of states while raising questions about the nature of their sovereignty. This book draws from a large number of leases to examine the practice from historic to modern times, describing their elements in detail and assessing them from both political and legal perspectives.

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 Borders Legal Spaces and Territories in Contemporary International Law written by Tommaso Natoli and published by Springer Nature. This book was released on 2019-09-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Download or read book Contested Territories and International Law written by Kamal Makili-Aliyev and published by Routledge. This book was released on 2019-10-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.

Download or read book Territorial Politics and Secession written by Martin Belov and published by Springer Nature. This book was released on 2021-03-29 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Download or read book The Acquisition of Territory in International Law written by Robert Yewdall Jennings and published by Manchester University Press. This book was released on 1963 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Human Rights Law Beyond State Territorial Control written by Antal Berkes and published by Cambridge University Press. This book was released on 2021-06-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Download or read book Territorial Acquisition Disputes and International Law written by Surya P. Sharma and published by BRILL. This book was released on 2024-01-15 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Download or read book State Territory and International Law written by Josephat Ezenwajiaku and published by Routledge. This book was released on 2020-05-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

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 International Law and Self Determination written by Joshua Castellino and published by Martinus Nijhoff Publishers. This book was released on 2000-09-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF UN DOCUMENTS.

Download or read book International Territorial Administration written by Ralph Wilde and published by Oxford University Press. This book was released on 2010-09-30 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

Download or read book Territoriality and International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination.

Download or read book Challenging Territoriality in Human Rights Law written by Wouter Vandenhole and published by Routledge. This book was released on 2015-06-19 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.