Enforcing Obligations Erga Omnes in International Law
Enforcing Obligations Erga Omnes in International Law

Author: Christian J. Tams

Publisher: Cambridge University Press

Published: 2005-12-01

Total Pages: 397

ISBN-13: 1139448803

DOWNLOAD EBOOK

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

The Sources of International Law
The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 262

ISBN-13: 0199685398

DOWNLOAD EBOOK

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Third-Party Countermeasures in International Law
Third-Party Countermeasures in International Law

Author: Martin Dawidowicz

Publisher: Cambridge University Press

Published: 2017-04-24

Total Pages: 463

ISBN-13: 1107014794

DOWNLOAD EBOOK

This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.

The Right of Actio Popularis before International Courts and Tribunals
The Right of Actio Popularis before International Courts and Tribunals

Author: Farid Ahmadov

Publisher: BRILL

Published: 2018-08-13

Total Pages: 246

ISBN-13: 9004380981

DOWNLOAD EBOOK

Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.

The Nature of International Law
The Nature of International Law

Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 287

ISBN-13: 1108473334

DOWNLOAD EBOOK

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Principles of Shared Responsibility in International Law
Principles of Shared Responsibility in International Law

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2014-12-04

Total Pages: 399

ISBN-13: 1316195384

DOWNLOAD EBOOK

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Customary International Law
Customary International Law

Author: Brian D. Lepard

Publisher: Cambridge University Press

Published: 2010-01-11

Total Pages: 441

ISBN-13: 052119136X

DOWNLOAD EBOOK

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

State Accountability for Space Debris
State Accountability for Space Debris

Author: Peter Stubbe

Publisher: BRILL

Published: 2017-11-13

Total Pages: 552

ISBN-13: 9004314083

DOWNLOAD EBOOK

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives
Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Author: Piotr Szwedo

Publisher: BRILL

Published: 2018-11-12

Total Pages: 402

ISBN-13: 9004382895

DOWNLOAD EBOOK

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.