Netherlands Yearbook of International Law Volume 41, 2010
Netherlands Yearbook of International Law Volume 41, 2010

Author: I.F. Dekker

Publisher: Springer Science & Business Media

Published: 2011-04-21

Total Pages: 550

ISBN-13: 9067047376

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The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.

Netherlands Yearbook of International Law 2012
Netherlands Yearbook of International Law 2012

Author: Janne Elisabeth Nijman

Publisher: Springer Science & Business Media

Published: 2013-06-12

Total Pages: 276

ISBN-13: 9067049158

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The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this volume on ‘Legal Equality and the International Rule of Law’, the Netherlands Yearbook of International Law celebrates Pieter Kooijmans’ academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states. This volume studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, this volume examines the principle’s current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

The Concept of Necessity in International Law and the World Trade Organization
The Concept of Necessity in International Law and the World Trade Organization

Author: Senai Woldeab Andemariam

Publisher: BRILL

Published: 2024-05-30

Total Pages: 504

ISBN-13: 9004700005

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Like many concepts in international law, the definition of “necessity” varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai W. Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.

Eco-Politics and Global Climate Change
Eco-Politics and Global Climate Change

Author: Sachchidanand Tripathi

Publisher: Springer Nature

Published: 2024-01-01

Total Pages: 273

ISBN-13: 3031480988

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This book provides an in-depth insight into the ecological perspective on a number of ongoing issues pertaining to security, the economy, the state, global environmental governance, development, and the environment. The chapters critically compare and analyze the role of global eco-politics in understanding and sorting out issues linked with climate change. Furthermore, it presents a contemporary and accessible description of why we need to embrace eco-politics in order to address the various ecological challenges that we face in the current changing climate scenario.

Principles of International Trade and Investment Law
Principles of International Trade and Investment Law

Author: Mitchell, Andrew D.

Publisher: Edward Elgar Publishing

Published: 2021-09-21

Total Pages: 272

ISBN-13: 1788973674

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This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.

Internet Regulation and the International Trade Regime
Internet Regulation and the International Trade Regime

Author: Sun Nanxiang

Publisher: Routledge

Published: 2022-06-30

Total Pages: 216

ISBN-13: 1000599221

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In the age of information, an open Internet is a key component for modern economic development. This book analyses the World Trade Organization Agreement for virtual society and explores key questions regarding internet regulation and trade barriers. Information and communication technology has introduced a transformational element to international trade, in the shape of e-commerce. Although internet technology is conceptually neutral, it can be used as a medium that poses severe threats to individual rights, public morals, public order, and national security. World Trade Organization law and jurisprudence, which are the basis of global economic and trade rules, can be applied in cyberspace but internet regulatory measures can also pose a threat to free trade. This book thus explores the following questions: whether internet regulation constitutes a trade barrier; if so, what form does that take; and whether WTO members can invoke exception clauses to justify their internet regulatory measures? The research provides deep interpretations on treaty law and case law, and draws on additional interdisciplinary approaches to answer these questions. This book will be of great interest to Scholars and Students of law, with a focus on international trade and internet regulation, as well as anyone interested in Chinese cyber law.

Statehood under Water
Statehood under Water

Author: Alejandra Torres Camprubí

Publisher: BRILL

Published: 2016-07-11

Total Pages: 338

ISBN-13: 9004321616

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In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios. This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.

The Military Commander's Necessity
The Military Commander's Necessity

Author: Sigrid Redse Johansen

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 451

ISBN-13: 1316999742

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The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

Protecting Civilians in Refugee Camps
Protecting Civilians in Refugee Camps

Author: Maja Janmyr

Publisher: Martinus Nijhoff Publishers

Published: 2013-11-28

Total Pages: 412

ISBN-13: 9004256989

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Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.