Collected Courses of the Xiamen Academy of International Law, Volume 4 (2011)

Author: The Xiamen Academy of International Law

Publisher: Martinus Nijhoff Publishers

ISBN: 9004233423

Category: Law

Page: 314

View: 7842

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The Application of International Law by the International Court of Justice, Judge Abdul G. Koroma; Prevention and International Law,M. Mohamed Bennouna; International Dispute Resolution, With Specific Attention to China,Christine Chinkin

Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017)

Xiamen Academy of International Law Summer Courses, July 27–31, 2015

Author: Petersmann,van Loon,Patel

Publisher: BRILL

ISBN: 9004355308

Category: Law

Page: 346

View: 3145

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In the Collected Courses of the Xiamen Academy of International Law Hans van Loon, Former Secretary-General of The Hague Conference of Private International Law, Prof. Bimal N. Patel, Director of Gujarat National Law University, India, and Prof. Ernst Ulrich Petersmann of the European University Institute in Florence, provide insightful, perspicacious and concise analysis of recent developments in international law .

Collected Courses of the Xiamen Academy of International Law

Author: Martinus Nijhoff Publishers

Publisher: Martinus Nijhoff

ISBN: 9789004167247

Category: Law

Page: 475

View: 2480

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The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The First Volume of the Series contains the following articles:Preface;The Role of the International Court of Justice in the Peaceful Settlement of International Law H.E. Jiuyong Shi;Changing Dimensions of International Law: An Asian Perspective R.P. Anand;The Changing Dimensions of the International Law Carriage by Air Bin Cheng;Changing Dimensions of International Investment Vaughan LoweThe Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Recueil Des Cours/Collected Courses

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041114914

Category: Law

Page: 368

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This volume is designed to put at the disposal of the users of the "Collected Courses" detailed and precise research tools. It is not intended to replace the general indexes, but is an attempt to fill the gaps inherent in the publication dates of the former. This volume covers ten volumes of the "Collected Courses" (published between 1997 and 1998) - more than 4,000 printed pages; it is the Academy's intention to produce similar index volumes on a regular basis. Also included is a complete list of all the courses which have appeared in the "Collected Courses" to date, as well as an alphabetical list of authors, and a detailed list of the Academy's other publications.

International standard contracts

a comparative study

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024726455

Category: Law

Page: 431

View: 2262

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The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Collected Courses of the Xiamen Academy of International Law 2009

Author: N.A

Publisher: BRILL

ISBN: 9004180931

Category: Law

Page: 474

View: 2048

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The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles:Aspects de la question des sources du droit internationalYves DaudetThe Paradigms of Universalism and Particularism in the Age ofGlobalisation: Western Perspectives on the Premises and Finality ofInternational LawArmin von Bogdandy and Sergio DellavalleLegal Aspects of Electronic Commerce: Rules of Evidence, ContractFormation and Online PerformanceJose Angelo Estrella FariaThe Elusive Pro-Arbitration Priority in Contemporary Court Scrutinyof Arbitral AwardsTibor VáradyThe Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

International Law for Humankind

Towards a New Jus Gentium. Second Revised Edition

Author: Antônio Augusto Cançado Trindade

Publisher: Martinus Nijhoff Publishers

ISBN: 9004255079

Category: Law

Page: 756

View: 1607

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This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005.

The Law of Open Societies

Private Ordering and Public Regulation in the Conflict of Laws

Author: Jürgen Basedow

Publisher: BRILL

ISBN: 9004296808

Category: Law

Page: 662

View: 4737

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This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

Food Safety Law in China

Making Transnational Law

Author: Francis Snyder

Publisher: BRILL

ISBN: 9004306927

Category: Law

Page: 620

View: 693

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Francis Snyder shows how the 2008 infant formula crisis led to transnational food safety law and standards in China, reforms in government policy and closer relations with international organisations. He also makes recommendations for dealing with continuing challenges.

The Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi

Publisher: OUP Oxford

ISBN: 0191009091

Category: Law

Page: 400

View: 787

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The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 4795

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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

Shaping the Single European Market in the Field of Foreign Direct Investment

Author: Philip Strik

Publisher: Bloomsbury Publishing

ISBN: 1782253858

Category: Law

Page: 288

View: 381

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The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

In Whose Name?

A Public Law Theory of International Adjudication

Author: Armin von Bogdandy,Ingo Venzke

Publisher: OUP Oxford

ISBN: 0191026956

Category: Law

Page: 400

View: 9724

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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Yearbook of the International Law Commission 2002

Author: United Nations

Publisher: United Nations Publications

ISBN: 9789211336788

Category: Political Science

Page: 124

View: 4578

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This volume contains the report of the International Law Commission on the work of its fifty-fourth session (29 April - 7 June and 22 July - 16 August 2002). The issues discussed at that session included: reservations to treaties, diplomatic protection, unilateral acts of States, state responsibility, and international liability for injurious consequences arising out of acts not prohibited by international law, and responsibilities of international organisations.

The Rio Declaration on Environment and Development

A Commentary

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191510424

Category: Law

Page: 530

View: 9074

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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 3544

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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments

Author: Ronald A. Brand

Publisher: BRILL

ISBN: 9004268111

Category: Law

Page: 353

View: 8869

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Also available as an e-book Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

International Law and Religion

Historical and Contemporary Perspectives

Author: Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa

Publisher: Oxford University Press

ISBN: 019880587X

Category: Law

Page: 480

View: 1464

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This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.