Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development
Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Author: Niels M. Blokker

Publisher: BRILL

Published: 2021-07-19

Total Pages: 494

ISBN-13: 9004459898

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This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Furthering the Frontiers of International Law
Furthering the Frontiers of International Law

Author: Niels M. Blokker

Publisher:

Published: 2021

Total Pages: 472

ISBN-13: 9789004459823

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Withdrawing from international organizations / Niels Blokker -- Sovereignty as responsibility exercising permanent sovereignty over natural resources in the interest of current and future generations / Daniëlla Dam-de Jong -- Non-state actors and human rights obligations perspectives from international investment law and arbitration / Eric De Brabandere and Larissa van den Herik -- Global threats and fragmented responses climate change and the extra-territorial scope of human rights obligations / Helen Duffy -- What is a state in international law? How is this to be determined? / John Dugard -- The role of customary international law as a tool for the progressive development of international criminal law undermining the sovereignty of states for the sake of humanity? / Robert Heinsch -- The responsibility of the Netherlands for its nationals abroad / Erik Koppe -- How about consolidating the frontiers but furthering the effectiveness of human rights? Lessons from Yerevan / Rick Lawson -- Shifting the frontiers of International Human Rights Law / Titia Loenen -- Waters rising possible effects of sea level rise on the legal regime of baselines and delineation of maritime zones / Xuechan Ma -- The International Criminal Court and human security looking ahead complementarity? / Andrea Marrone -- The establishment of flight information regions and Air Defence Identification Zones Air Law is Air Law and Maritime Law is Maritime Law; shall the twain ever meet? / Pablo Mendes de Leon -- Maritime security and sustainable development and the coastal communities of India an empirical analysis / Bimal N. Patel -- To speculate or not? On determining adequate remedies for denial of justice and other judicial wrongs / Vid Prislan -- Human Rights Law and the return of stolen assets / Cecily Rose -- Principles for the sustainable governance of shared natural resources / Nadia Sánchez Castillo-Winckels -- Economic, social and cultural rights and customary International Law / William A. Schabas -- World law's modern master builders / Otto Spijkers -- The world in disarray. Great-power competition and the decline of multilateralism / Alfred van Staden -- How can we justify international criminal justice? / Carsten Stahn -- China's perception of state sovereignty in international dispute settlement / Linlin Sun -- Public administration and ordinary virtues the Venice principles on the ombudsman Institution / Luc Verhey -- The right to marry as a right to equality about same-sex couples, the phrase "men and women", and the travaux préparatoires of the universal declaration / Kees Waaldijk.

International Frontiers and Boundaries
International Frontiers and Boundaries

Author: J. R. John Robert Victor Prescott

Publisher: Martinus Nijhoff Publishers

Published: 2008

Total Pages: 517

ISBN-13: 9004167854

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International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are "zones" of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.

Frontiers of Cultural Heritage Law
Frontiers of Cultural Heritage Law

Author: James A.R. Nafziger

Publisher: BRILL

Published: 2021-10-18

Total Pages: 416

ISBN-13: 900434764X

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** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.

International Legal Theory
International Legal Theory

Author: Jeffrey L. Dunoff

Publisher: Cambridge University Press

Published: 2022-08-04

Total Pages: 449

ISBN-13: 110861745X

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Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.

Leading Works in International Law
Leading Works in International Law

Author: Donna Lyons

Publisher: Taylor & Francis

Published: 2023-11-24

Total Pages: 249

ISBN-13: 1000990672

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This volume provides an innovative and engaging way of assessing the development of international law scholarship and practice to date and its potential future development by focusing upon the ‘leading works’ of the discipline. International law has established itself as an important area of academic study and legal practice. Given its academic, legal and everyday significance and its prolific role within law school teaching and research, it is important to question and analyse the development of international law, exploring the complex and shifting interplay between law, policy, theory and culture and the role of international and national actors within a diverse and dynamic community of nations. This collection presents contributions from leading scholars of public international law across the globe and the works chosen by the editor represent a diverse range of subjects within the broader discipline. Each chapter analyses the importance and legacy of a specific work, with a view to reflecting upon how that publication has contributed to shaping the broader literature in the field of international law and how it may continue to have an influence on both scholarship and practice in the future. Taken as a whole, the chapters included in this collection provide an original exploration of a variety of important themes about how the discipline has evolved over time. The Prologue and Epilogue critically assess the development of international law in light of the reflections by contributors. The book will be a valuable resource for lawyers, international law practitioners, students, and academics alike.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author: Shahla Ali

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 313

ISBN-13: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

The Transformation of Human Rights Fact-finding
The Transformation of Human Rights Fact-finding

Author: Philip Alston

Publisher: Oxford University Press

Published: 2016

Total Pages: 577

ISBN-13: 0190239492

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Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

Global Environmental Constitutionalism
Global Environmental Constitutionalism

Author: James R. May

Publisher: Cambridge University Press

Published: 2015

Total Pages: 427

ISBN-13: 1107022258

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Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

The New Frontiers of Fashion Law
The New Frontiers of Fashion Law

Author: Rossella Esther Cerchia

Publisher: MDPI

Published: 2021-01-13

Total Pages: 160

ISBN-13: 3039437070

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Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.