Suffolk Transnational Law Review
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Published: 2006
Total Pages: 562
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Published: 2006
Total Pages: 562
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Published: 1991
Total Pages: 928
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DOWNLOAD EBOOKAuthor: José E. Alvarez
Publisher: Martinus Nijhoff Publishers
Published: 2011-07-20
Total Pages: 505
ISBN-13: 9004186824
DOWNLOAD EBOOKThis monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.
Author: Kai Ambos
Publisher: Oxford University Press, USA
Published: 2013-01-24
Total Pages: 520
ISBN-13: 0199657920
DOWNLOAD EBOOKThis is the first of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 1 analyses the history and sources of international criminal law, individual criminal responsibility, the requirements for criminal responsibility, and the grounds that exclude liability.
Author: Brian R. Farrell
Publisher: Cambridge University Press
Published: 2017
Total Pages: 281
ISBN-13: 1107151775
DOWNLOAD EBOOK6 The Importance of Effective International Habeas Corpus Guarantees
Author: Maria Eriksson
Publisher: BRILL
Published: 2011-10-28
Total Pages: 624
ISBN-13: 9004225951
DOWNLOAD EBOOKThe crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.
Author: Yaroslav Radziwill
Publisher: BRILL
Published: 2015-07-28
Total Pages: 429
ISBN-13: 9004298304
DOWNLOAD EBOOKAt its current rate, technological development has outpaced corresponding changes in international law. Proposals to remedy this deficiency have been made, in part, by members of the Shanghai Cooperation Organization (led by the Russian Federation), but the United States and select allies have rejected these proposals, arguing that existing international law already provides a suitable comprehensive framework necessary to tackle cyber-warfare. Cyber-Attacks and the Exploitable Imperfections of International Law does not contest (and, in fact, supports) the idea that contemporary jus ad bellum and jus in bello, in general, can accommodate cyber-warfare. However, this analysis argues that existing international law contains significant imperfections that can be exploited; gaps, not yet filled, that fail to address future risks posed by cyber-attacks.
Author: Ricky Lee
Publisher: Springer Science & Business Media
Published: 2012-03-14
Total Pages: 397
ISBN-13: 9400720386
DOWNLOAD EBOOKThis monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
Author: Craig Forrest
Publisher: Routledge
Published: 2012-08-06
Total Pages: 482
ISBN-13: 1135224501
DOWNLOAD EBOOKThe world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.
Author: Peer Zumbansen
Publisher: Oxford University Press
Published: 2021
Total Pages: 1246
ISBN-13: 0197547419
DOWNLOAD EBOOKA comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.