Encyclopedia of the Inter-American System
Encyclopedia of the Inter-American System

Author: G. Pope Atkins

Publisher: Bloomsbury Publishing USA

Published: 1997-03-18

Total Pages: 588

ISBN-13: 0313370095

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A reference guide to all the elements of the Inter-American System from its formal beginning in 1889 to the present, as it developed into a major, multipurpose regional inter-governmental organization (IGO). The most notable elements in the current Inter-American System are the Organization of American States (OAS), the Inter-American Development Bank (IDB), and the Inter-American Treaty of Reciprocal Assistance (Rio Treaty) Regime. Today, all 35 sovereign American states are members of the OAS. This book makes clear reference to the system's interrelationships with other IGOs and states outside the Western Hemisphere. Unique in its scope and approach to the subject, this work is intended to provide the reader with access to information on general as well as specific subjects. It is compiled with an interdisciplinary approach, and addressed to a variety of readers from students and scholars to professionals and government officials. With some 250 entries, cross-referenced and thoroughly indexed, this encyclopedia refers to membership and observers in the various organizational elements; policy orientations of the state members; treaties, conventions, protocols, declarations, and resolutions concluded over the years; concepts and doctrines underlying American regional organization; multinational principles and policies in major categories of activity; and cases of conflict and other situations undertaken by the system, including places, events, issues, and individuals notable for their contributions.

The Oxford Handbook of the History of International Law
The Oxford Handbook of the History of International Law

Author: Bardo Fassbender

Publisher: OUP Oxford

Published: 2012-11-01

Total Pages: 1272

ISBN-13: 019163252X

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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

International Dimensions of Humanitarian Law
International Dimensions of Humanitarian Law

Author: UNESCO

Publisher: Martinus Nijhoff Publishers

Published: 2024-01-09

Total Pages: 350

ISBN-13: 9004642633

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Commissioned by UNESCO from the Henry Dunant Institute, this volume of essays lays the foundation for an international programme for the teaching of international humanitarian law within the framework of UNESCO's plan for the development of the teaching of human rights. Parts I and II deal with the development of humanitarian ideas and law within different schools of thought and cultural traditions; Part III with the law of armed conflict and Part IV with the application of international humanitarian law. It is hoped that the publication of this volume, which, in its original French edition, coincided with the 40th Anniversary of UNESCO and the International Year of Peace proclaimed in 1986 by the UN General Assembly, will reinforce the determination of the international community to achieve the aim of the founders of UNESCO, namely to construct the defences of peace in the minds of men.

Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm
Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

Author: María José Luque Macías

Publisher: Springer Nature

Published: 2021-05-22

Total Pages: 285

ISBN-13: 303073272X

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This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.