Sharing Transboundary Resources

Sharing Transboundary Resources

Author: Eyal Benvenisti

Publisher: Cambridge University Press

Published: 2002-04-04

Total Pages: 308

ISBN-13: 9780521640985

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Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.


Brownlie's Principles of Public International Law

Brownlie's Principles of Public International Law

Author: Ian Brownlie

Publisher: Oxford University Press

Published: 2012-09-27

Total Pages: 885

ISBN-13: 0199654174

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Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.


The Refugee in International Law

The Refugee in International Law

Author: Guy S. Goodwin-Gill

Publisher: Oxford University Press

Published: 2007-03-22

Total Pages: 847

ISBN-13: 0192520350

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Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.


Custom, Power and the Power of Rules

Custom, Power and the Power of Rules

Author: Michael Byers

Publisher: Cambridge University Press

Published: 1999-03-11

Total Pages: 276

ISBN-13: 9780521634083

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This book explains the most foundational aspect of international law in international relations terms.


Statehood and the State-Like in International Law

Statehood and the State-Like in International Law

Author: Rowan Nicholson

Publisher: Oxford University Press

Published: 2019-09-19

Total Pages: 408

ISBN-13: 0192591932

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If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.


Finnish Yearbook of International Law, 1999

Finnish Yearbook of International Law, 1999

Author: Jarna Petman

Publisher: Martinus Nijhoff Publishers

Published: 2002-04-01

Total Pages: 504

ISBN-13: 9789041117922

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Despite its Finnish innitiative and pedigrees, the "Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. The" Finnish Yearbook of International Law" annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offering include: longer articles of a theoretical nature, exploring new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. The "Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.


The Global Community Yearbook of International Law and Jurisprudence 2019

The Global Community Yearbook of International Law and Jurisprudence 2019

Author: Giuliana Ziccardi Capaldo

Publisher: Oxford University Press, USA

Published: 2020-10

Total Pages: 913

ISBN-13: 0197513557

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The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.


The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

Author: August Reinisch

Publisher: Oxford University Press

Published: 2016-03-24

Total Pages: 1089

ISBN-13: 0191062057

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The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.