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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.



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.



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.



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.



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.



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.



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.



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.



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.



Research Handbook on International Courts and Tribunals

Research Handbook on International Courts and Tribunals Author William A. Schabas
ISBN-10 9781781005026
Release 2017-02-24
Pages 576
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This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.



Courts and Political Institutions

Courts and Political Institutions Author Tim Koopmans
ISBN-10 0521533996
Release 2003-09-04
Pages 299
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Considers the relation between law and politics, including human rights, federalism and equal protection.



The Performance of International Courts and Tribunals

The Performance of International Courts and Tribunals Author Theresa Squatrito
ISBN-10 9781108425698
Release 2018-03-31
Pages
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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.



International Courts and Domestic Politics

International Courts and Domestic Politics Author Marlene Wind
ISBN-10 9781108427760
Release 2018-07-31
Pages 352
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Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.