Regime Accommodation in International Law
Regime Accommodation in International Law

Author: Heejin Kim

Publisher: BRILL

Published: 2016-07-18

Total Pages: 381

ISBN-13: 9004325514

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In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.

Law in Times of Crisis
Law in Times of Crisis

Author: Oren Gross

Publisher: Cambridge University Press

Published: 2006-10-30

Total Pages: 48

ISBN-13: 1139457756

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This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Regime Interaction in Ocean Governance
Regime Interaction in Ocean Governance

Author: Seline Trevisanut

Publisher: BRILL

Published: 2020-06-08

Total Pages: 252

ISBN-13: 9004422102

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A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from.

Strategically Created Treaty Conflicts and the Politics of International Law
Strategically Created Treaty Conflicts and the Politics of International Law

Author: Surabhi Ranganathan

Publisher: Cambridge University Press

Published: 2014-12-18

Total Pages: 483

ISBN-13: 1316194736

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Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.

The Law of the Sea
The Law of the Sea

Author: Nele Matz-Lück

Publisher: Taylor & Francis

Published: 2022-09-19

Total Pages: 317

ISBN-13: 1000649229

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The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

Sustainable Development, International Law, and a Turn to African Legal Cosmologies
Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Author: Godwin Eli Kwadzo Dzah

Publisher:

Published: 2024-02-02

Total Pages: 410

ISBN-13: 1009354035

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This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.

Asian Yearbook of International Law, Volume 23 (2017)
Asian Yearbook of International Law, Volume 23 (2017)

Author: Seokwoo Lee

Publisher: BRILL

Published: 2019-12-16

Total Pages: 343

ISBN-13: 9004415823

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Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

The Effects of Armed Conflict on Investment Treaties
The Effects of Armed Conflict on Investment Treaties

Author: Tobias Ackermann

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 401

ISBN-13: 1009207784

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This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

Empire, Emergency and International Law
Empire, Emergency and International Law

Author: John Reynolds

Publisher: Cambridge University Press

Published: 2017-08-10

Total Pages: 343

ISBN-13: 1107172519

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This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Liber Memorialis Petar Šarčević
Liber Memorialis Petar Šarčević

Author: Petar Sarcevic

Publisher: sellier. european law publ.

Published: 2006

Total Pages: 696

ISBN-13: 3935808828

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This vast collection of scholarly writings examines a wide range of legal topics, including for example: European Private International Law of Obligations and Internal Market Legislation: A Matter of Coordination -- Balancing Sovereignty and Party Autonomy in Private International Law -- Parenthood for Same-Sex Couples: Challenges of Private International Law from a Scandinavian Perspective -- The Use of Unpublished Opinions on Relocation Law by the California Courts of Appeal: Hiding the Evidence? -- Spousal Support after Divorce under American Family Law: An Attempt to Contribute to the Alimony Debate -- Working with Children: The Balance between the Protection of Children and the Right to Work with Children -- Changing Parenthood after Divorce -- The Contribution of the UNCITRAL Arbitration Rules to International Commercial Arbitration -- Universalism and Tradition: The Use of Non-binding Principles in International Commercial Law -- Problems in the Implementation of WTO Law in the People's Republic of China -- Notes on the Pellegrini Judgment of the European Court of Human Rights -- Professional Traditions: The Reciprocating Ethics of Jurist and Judge