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State Immunity in International Law

State Immunity in International Law Author Xiaodong Yang
ISBN-10 9780521844017
Release 2012-09-27
Pages 761
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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Underwater Cultural Heritage and International Law

Underwater Cultural Heritage and International Law Author Sarah Dromgoole
ISBN-10 9781107292192
Release 2013-07-25
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The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.

Legal Consequences of Peremptory Norms in International Law

Legal Consequences of Peremptory Norms in International Law Author Daniel Costelloe
ISBN-10 9781108509541
Release 2017-09-07
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When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international 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.

The Law of State Immunity

The Law of State Immunity Author Hazel Fox
ISBN-10 9780191669750
Release 2013-08-29
Pages 704
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Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong - China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such as Pinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the Jurisdictional Immunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability as in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.

International Law as a Belief System

International Law as a Belief System Author Jean d'Aspremont
ISBN-10 9781108386364
Release 2017-11-09
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International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.

The Law of International Responsibility

The Law of International Responsibility Author James Crawford
ISBN-10 9780199296972
Release 2010-05-20
Pages 1296
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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Challenging Acts of International Organizations Before National Courts

Challenging Acts of International Organizations Before National Courts Author August Reinisch
ISBN-10 9780199595297
Release 2010-09-09
Pages 302
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An increasing number of challenges against the activities and decisions of international organisations are brought before national courts. This book offers an overview of how different courts have dealt with these cases and an analysis of the legal framework which applies to them, identifying common ground across jurisdictions.

International Law in Antiquity

International Law in Antiquity Author David J. Bederman
ISBN-10 1139430270
Release 2001-03-05
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This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

State Responsibility

State Responsibility Author James Crawford
ISBN-10 9780521822664
Release 2013-07-18
Pages 825
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

State Responsibility

State Responsibility Author James Crawford
ISBN-10 9780521822664
Release 2013-07-18
Pages 825
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

The Threat of Force in International Law

The Threat of Force in International Law Author Nikolas Stürchler
ISBN-10 9781139464918
Release 2007-07-19
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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Global Public Interest in International Investment Law

Global Public Interest in International Investment Law Author Andreas Kulick
ISBN-10 9781107021761
Release 2012-07-12
Pages 378
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Outlines a general theory of whether and how to include public interest concerns in the realm of international investment law.

Jurisdictional Immunities of States and International Organizations

Jurisdictional Immunities of States and International Organizations Author Edward Chukwuemeke Okeke
ISBN-10 9780190611231
Release 2018
Pages 408
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This book explores the relationship between the jurisdictional immunities of states and international organizations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this book charts the history, purpose, scope, competingnorms, and exceptions and waivers for the jurisdictional immunities related to states and then international organizations, respectively. Finally, it focuses on the relationship between the two areas analyzing in detail the differences and commonalities between the two. The author aims to positionthe book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Handbook of International Law

Handbook of International Law Author Anthony Aust
ISBN-10 9781139485784
Release 2010-04-01
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To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems. It offers a practical approach to the subject, giving it relevance and immediacy. The new edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.

A Farewell to Fragmentation

A Farewell to Fragmentation Author Mads Andenas
ISBN-10 9781107082090
Release 2015-07-07
Pages 524
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Explores the role of the International Court of Justice in the re-convergence of international law. The book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

International Law

International Law Author Jan Klabbers
ISBN-10 9781107141551
Release 2017-04-13
Pages 398
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The second edition of this landmark textbook in the teaching of international law, from one of the world's leading international lawyers.