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International Courts and Environmental Protection

International Courts and Environmental Protection Author Tim Stephens
ISBN-10 9780521881227
Release 2009-02-12
Pages 410
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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.



Foreign Investment and the Environment in International Law

Foreign Investment and the Environment in International Law Author Jorge E. Viñuales
ISBN-10 9781107006386
Release 2012-09-13
Pages 423
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Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.



Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals Author Caroline E. Foster
ISBN-10 9781139500166
Release 2011-03-24
Pages
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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.



Provisional Measures before International Courts and Tribunals

Provisional Measures before International Courts and Tribunals Author Cameron A. Miles
ISBN-10 9781107125599
Release 2017-01-26
Pages 592
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A comprehensive and comparative overview of the law of provisional measures between different international courts and tribunals.



Climate Change Litigation

Climate Change Litigation Author Jacqueline Peel
ISBN-10 9781107036062
Release 2015-04-09
Pages 376
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Examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.



Sovereign Defaults before International Courts and Tribunals

Sovereign Defaults before International Courts and Tribunals Author Michael Waibel
ISBN-10 9781139496131
Release 2011-05-26
Pages
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International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.



Towards Sustainable Coastal Development

Towards Sustainable Coastal Development Author Tony George Puthucherril
ISBN-10 9789004282209
Release 2014-10-06
Pages 510
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Utilizing the coastal problems of South Asia, including sea level rise, Towards Sustainable Coastal Development: Institutionalizing Integrated Coastal Zone Management and Coastal Climate Change Adaptation in South Asia investigates the role of law and regional regimes in facilitating linkages between integrated coastal zone management and coastal climate change adaptation to contribute to sustainable coastal development.



Theatre of the Rule of Law

Theatre of the Rule of Law Author Stephen Humphreys
ISBN-10 9781139495332
Release 2010-11-11
Pages
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.



Beyond Human Rights

Beyond Human Rights Author Anne Peters
ISBN-10 9781316738320
Release 2016-10-27
Pages
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A paradigm change is occurring, in the course of which human beings are becoming the primary international legal persons. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labour law.



Shipping Interdiction and the Law of the Sea

Shipping Interdiction and the Law of the Sea Author Douglas Guilfoyle
ISBN-10 9780521760195
Release 2009-08-13
Pages 374
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.



Legitimacy and Legality in International Law

Legitimacy and Legality in International Law Author Jutta Brunnée
ISBN-10 9781139491471
Release 2010-08-05
Pages
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.



Local Remedies in International Law

Local Remedies in International Law Author Chittharanjan Felix Amerasinghe
ISBN-10 1139450158
Release 2004-01-15
Pages
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In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.



Science and Risk Regulation in International Law

Science and Risk Regulation in International Law Author Jacqueline Peel
ISBN-10 9781139493239
Release 2010-11-04
Pages
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The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.



International Law and the Arctic

International Law and the Arctic Author Michael Byers
ISBN-10 9781107042759
Release 2013-08-01
Pages 337
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.



The Challenge of Child Labour in International Law

The Challenge of Child Labour in International Law Author Franziska Humbert
ISBN-10 9781139480321
Release 2009-08-27
Pages
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Child labour remains a widespread problem around the world. Over 200 million children can be regarded as child labourers, and about 10 million children are involved in producing either agricultural or manufactured products for export. Franziska Humbert explores the status of child labour in international law. Offering a wide-ranging analysis of the problem, she explores the various UN and ILO instruments and reveals the weaknesses of the current frameworks installed by these bodies to protect children from economic exploitation. After assessing to what extent trade measures such as conditionalities, labelling and trade restrictions and promotional activities can reduce child labour, she suggests an alternative legal framework which takes into account the needs of children.



Transboundary Damage in International Law

Transboundary Damage in International Law Author Hanqin Xue
ISBN-10 1139438107
Release 2003-03-13
Pages
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The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.



International Courts and the Development of International Law

International Courts and the Development of International Law Author Nerina Boschiero
ISBN-10 9789067048941
Release 2013-03-15
Pages 951
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.