Regime Interaction in International Law

Regime Interaction in International Law

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages:

ISBN-13: 1139504932

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This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.


Regime Interaction in International Forest Law

Regime Interaction in International Forest Law

Author: Yilly Vanessa Pacheco Restrepo

Publisher: BRILL

Published: 2023-10-20

Total Pages: 261

ISBN-13: 9004678042

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Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.


Judicial Convergence and Fragmentation in International Human Rights Law

Judicial Convergence and Fragmentation in International Human Rights Law

Author: Elena Abrusci

Publisher: Cambridge University Press

Published: 2022-12-31

Total Pages: 307

ISBN-13: 1009093177

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This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.


The Adjudicator’s Toolkit and the Force of International Law

The Adjudicator’s Toolkit and the Force of International Law

Author: Nicola Strain

Publisher: BRILL

Published: 2024-06-13

Total Pages: 399

ISBN-13: 9004700935

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Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.


Articulating Security

Articulating Security

Author: Isobel Roele

Publisher: Cambridge University Press

Published: 2022-03-10

Total Pages: 253

ISBN-13: 1316863689

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We live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.


Investors’ International Law

Investors’ International Law

Author: Jean Ho

Publisher: Bloomsbury Publishing

Published: 2021-06-03

Total Pages: 487

ISBN-13: 1509937935

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This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.


Beyond Fragmentation

Beyond Fragmentation

Author: Chiara Giorgetti

Publisher: Cambridge University Press

Published: 2022-05-12

Total Pages: 295

ISBN-13: 1009100491

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A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.


Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 30 (2017)

Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 30 (2017)

Author: Jure Vidmar

Publisher: BRILL

Published: 2020-06-02

Total Pages: 222

ISBN-13: 9004421955

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The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. As of the 2010 Volume, the Yearbook has been compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including leading judges, practitioners and scholars. Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.


The Law of the Sea and Climate Change

The Law of the Sea and Climate Change

Author: Elise Johansen

Publisher: Cambridge University Press

Published: 2020-12-17

Total Pages: 463

ISBN-13: 1108842267

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Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.