international courts and environmental protection cambridge studies in international and comparative law

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International Courts And Environmental Protection

Author : Tim Stephens
ISBN : 9780521881227
Genre : Law
File Size : 60. 52 MB
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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

Author : Jorge E. Viñuales
ISBN : 9781107006386
Genre : Law
File Size : 90. 90 MB
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Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.

Sovereign Defaults Before International Courts And Tribunals

Author : Michael Waibel
ISBN : 9781139496131
Genre : Law
File Size : 64. 64 MB
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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.

International Law And The Arctic

Author : Michael Byers
ISBN : 9781107042759
Genre : Law
File Size : 62. 31 MB
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Local Remedies In International Law

Author : Chittharanjan Felix Amerasinghe
ISBN : 1139450158
Genre : Political Science
File Size : 87. 1 MB
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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.

International Courts And The Development Of International Law

Author : Nerina Boschiero
ISBN : 9789067048941
Genre : Law
File Size : 88. 14 MB
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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.

Theatre Of The Rule Of Law

Author : Stephen Humphreys
ISBN : 9781139495332
Genre : Law
File Size : 79. 69 MB
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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.

Legitimacy And International Courts

Author : Harlan Grant Cohen
ISBN : 9781108423854
Genre : Law
File Size : 78. 64 MB
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

Research Handbook On International Courts And Tribunals

Author : William A. Schabas
ISBN : 9781781005026
Genre :
File Size : 89. 82 MB
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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.

The Cambridge Companion To Comparative Law

Author : Mauro Bussani
ISBN : 9780521895705
Genre : Law
File Size : 85. 99 MB
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The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

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