Recueil Des Cours, Collected Courses, Volume 272 (1998)


Book Description

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Means of Ensuring Compliance with and Enforcement of International Environment Law by R. WOLFRAM, Director of the Max-Planck Institute for Comparative Public Law and International Law. - The Formation of Customary International Law by M. MENDELSON, Professor at University College, London, UK.




Recueil Des Cours, Collected Courses 2001


Book Description

The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law," The contents of this volume consist of: - International Protection of the Environment by M.A. FITZMAURICE, Professor at Queen Mary University of London. To access the abstract texts for this volume please click here




Recueil Des Cours, Collected Courses, Volume 275 (1998)


Book Description

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - La loi applicable à la garantie bancaire à premieère demande, par O. ELWAN, professeur à l'Université de Heidelberg; - The North American Free Trade Agreement: A Comparative Analysis by A.L.C. DE MESTRAL, Professor at McGill University, Montreal.




Towards an International Law of Co-progressiveness


Book Description

Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.




Recueil Des Cours/Collected Courses, Volume 281 (1999)


Book Description

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: Since the end of the Second World War, cross-border relations among nations have intensified on a large scale, and, in addition to international peace and security, many other problems have arisen that possess worldwide dimensions. However, international law is still predicated on the basic rule of national sovereignty. Given this discrepancy, humankind is called upon to establish a system of international governance that is able to deal effectively with all the challenges that threaten its survival as a civilized community of nations. Practice is already evolving in that direction.




Paris Climate Agreement: A Deal for Better Compliance?


Book Description

This book discusses options for an improved compliance system under the Paris Climate Agreement by addressing current weaknesses. The research is based on two cases, the Compliance Mechanisms of the Montreal and Kyoto Protocols and their outcomes in practice. This book analysed the different meanings of tthe compliance concept of Compliance Mechanisms (CMs) and Multilateral Environmental Agreements (MEAs) in chapter 3, on the theories and two basic explanatory models on compliance (chapter 4), on the development of CMs and the limitations of traditional means (chapter 5), and the questions on the CMs under the Kyoto and the Montreal Protocols (chapter 6). Based on its findings, options for an improved compliance system under the Paris Climate agreement are asked (chapter 7). This book • Offers a detailed understanding of compliance and existing compliance mechanisms (CMs),• elaborates the CMs' present features on the basis of its case studies,• includes the latest information on CMs and its case studies,• discusses options for an improved compliance system under the Paris Climate Agreement figuring out the current weaknesses




Reciprocity in International Law


Book Description

In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.




The South China Sea Arbitration


Book Description

The South China Sea Arbitration, which marks the first time that the Philippines and China have been parties to a compulsory dispute settlement procedure, is a landmark legal case. The Tribunal tackled head-on critical issues in the interpretation and application of the UN Convention on the Law of the Sea that other international courts have failed to address, particularly the compatibility of historic rights with the Convention, the identification of maritime features as permanently submerged or above water at high-tide, and the distinction between features that are fully entitled to maritime zones and those that are not. In addition, the Tribunal also had to decide on issues as diverse as near-collisions at sea, illegal fishing of giant clams and sea turtles, and the destruction of fragile coral reefs resulting from island-building. The Tribunals task was rendered arduous by Chinas refusal to appear before it. In these circumstances, understanding the Tribunals decisions is a challenging undertaking. Chinas public relations campaign targeting the proceedings raised issues that the layperson could readily grasp, notably African states support for its non-appearance, the integrity of the judges, and the validity of arbitral awards. Understanding the Awards and Debating with China aims to facilitate understanding of the South China Sea Arbitration by presenting detailed summaries of the two Arbitral Awards. The author rebuts the questionable claims raised by Chinas public relations campaign and highlights Chinas covert actions during the proceedings.




Cambridge Yearbook of European Legal Studies, Vol 10, 2007-2008


Book Description

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, particularly those issues which have come to the fore during the year preceding publication. The chapters presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 10 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, Catherine Barnard, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, Claire Kilpatrick, Okeoghene Odudu, John Spencer Founding Editors: Alan Dashwood and Angela Ward




Amnesty for Crimes against Humanity under International Law


Book Description

Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.