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Author: Mads Andenas
Publisher: Cambridge University Press
ISBN: 1316368610
Category : Law
Languages : en
Pages : 605
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Book Description
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Author: Mads Andenas
Publisher: Cambridge University Press
ISBN: 1316368610
Category : Law
Languages : en
Pages : 605
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Book Description
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Author: Dogan Gultutan
Publisher: Kluwer Law International B.V.
ISBN: 9403540435
Category : Law
Languages : en
Pages : 296
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Book Description
International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.
Author: Nils-Hendrik Grohmann
Publisher: Mohr Siebeck
ISBN: 316162825X
Category :
Languages : en
Pages : 331
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Book Description
Author: McInerney Lankford
Publisher: Oxford University Press
ISBN: 0192872907
Category : Law
Languages : en
Pages : 481
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Book Description
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.
Author: Antonino Salmeri
Publisher: Kluwer Law International B.V.
ISBN: 9403519266
Category : Law
Languages : en
Pages : 322
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Book Description
Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.
Author: Mads Andenas
Publisher: BRILL
ISBN: 9004390936
Category : Law
Languages : en
Pages : 474
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Book Description
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Author: Jorge Luis Fabra-Zamora
Publisher: Edward Elgar Publishing
ISBN: 1788974425
Category : Law
Languages : en
Pages : 288
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Book Description
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Author: Alessandro Monti
Publisher: Edward Elgar Publishing
ISBN: 1803920785
Category : Law
Languages : en
Pages : 257
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Book Description
This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilises the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.
Author: Elena Cima
Publisher: BRILL
ISBN: 9004463488
Category : Law
Languages : en
Pages : 261
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Book Description
In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue assess different approaches to bridge the gap between economic and non-economic considerations in the regulation of international energy trade and investment.
Author: Yao Li
Publisher: BRILL
ISBN: 900434974X
Category : Law
Languages : en
Pages : 395
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Book Description
