Author : Australian and New Zealand Society of International Law. Conference
Publisher : Australian National University, Research School of Social Sciences
Page : 158 pages
File Size : 32,67 MB
Release : 2001
Category : International law
ISBN : 9780731552177
Author : Andrea De Guttry
Publisher : Springer
Page : 539 pages
File Size : 41,80 MB
Release : 2016-02-27
Category : Law
ISBN : 9462650993
This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
Author : Fernando G. Nuñez-Mietz
Publisher :
Page : 232 pages
File Size : 34,44 MB
Release : 2018
Category : LAW
ISBN : 9780429855634
The international system is becoming increasingly legalized, with legal arguments and legal advisors playing an increasingly important part in the state policymaking process. Presenting a practice-oriented theory of compliance with international law, this book shows how international law affects the behavior of increasingly lawyerized states in an ever more legalized world. By highlighting the legalization of international legitimation and the lawyerization of policymaking as the new engines of compliance, the book's analytical framework rethinks the relationship between state behavior and international law, and provides an empirical focus on security through the study of NATO's military intervention in Yugoslavia in 1999 and the changes in the US detention and interrogation programs in the "War on Terror." Relying on primary sources, the author demonstrates the effect of lawyerized decision making on international law compliance, reconstructing the strategies of (de-)legitimation used to show that international law is the hegemonic frame of reference in interstate debates. This book will be of interest to scholars of international relations, government studies, foreign service studies and lawyers employed in government work.
Author : Thomas Weatherall
Publisher : BRILL
Page : 401 pages
File Size : 42,75 MB
Release : 2022-03-16
Category : Law
ISBN : 9004505377
This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.
Author : Doug Jones
Publisher : Lawbook Company
Page : 626 pages
File Size : 23,16 MB
Release : 2011
Category : Arbitration agreements, Commercial
ISBN : 9780455228587
Commercial Arbitration Law in Australia provides an essential and timely guide to domestic commercial arbitration in Australia following the 2010 decision by the Standing Committee of Attorneys-General (SCAG) to enact new uniform commercial arbitration acts in each jurisdiction. The new uniform legislation uses the UNICTRAL Model Law as its basis with deviations necessary for the Australian domestic setting and has already been enacted in New South Wales. These substantive and procedural changes to Australia's existing domestic arbitration law make a new and comprehensive text on this topic essential. Commercial Arbitration Law in Australia will provide the reader with: a background to the reform process, in-depth consideration of relevant case law from around the world, as influenced by the UNCITRAL Model Law, Australian jurisprudence on arbitration law and practice, A section-by-section commentary on the new Commercial Arbitration Act 2010 (NSW), which follows the SCAG's model provisions, and discussion of alternative forms of dispute resolution. This work is a 'must have' for anyone involved in commercial dispute resolution in Australia whether as a party to the arbitration, counsel, neutral or student.
Author : John Linarelli
Publisher : Oxford University Press
Page : 337 pages
File Size : 40,75 MB
Release : 2018-03-23
Category : Law
ISBN : 0191068705
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
Author : Lung-chu Chen
Publisher :
Page : 0 pages
File Size : 21,43 MB
Release : 2015
Category : Law
ISBN : 9780190227982
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as anongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in theinternational arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles.Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power,strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greateraccountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world communityseeking human dignity and human security for all people.
Author : Cedric Ryngaert
Publisher :
Page : 273 pages
File Size : 18,87 MB
Release : 2015
Category : Law
ISBN : 0199688516
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.
Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 335 pages
File Size : 26,8 MB
Release : 2022-03-18
Category : Law
ISBN : 1527582175
This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There are also environmental protection laws which aim to prevent the release of noxious or hazardous substances, and occupational health and safety laws for the protection of employees. The law of negligence in tort imposes general obligations on persons to take reasonable care to prevent harm to others in circumstances where there is a duty of care. Companies, as legal persons, are required to comply with such legal obligations. The book looks at the role of courts in upholding human rights obligations and providing a forum to resolve corporate human rights abuses issues. If the state does not regulate a specific issue of corporate human rights violations, then the court will address any lacuna in the domestic law by having recourse to (I) rules of international law; (II) general principles of international human rights law; (III) general principles of human rights law common to the major legal systems of the world; (IV) general principles of law that is in agreement with the fundamental requirements of rule of law, and the protection of human dignity and justice; and (V) the general principle of a duty of care (tort of negligence). The book will help lawyers, scholars, and students to see how corporate human rights violations can involve multiple legal principles.
Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1240 pages
File Size : 36,75 MB
Release : 2005-09-15
Category : Political Science
ISBN : 9781139445764
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
