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Author: Wolfgang Benedek
Publisher:
ISBN: 9781780682716
Category : Common good
Languages : en
Pages : 0
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Book Description
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
Author: Wolfgang Benedek
Publisher:
ISBN: 9781780682716
Category : Common good
Languages : en
Pages : 0
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Book Description
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
Author: Thomas Cottier
Publisher: Cambridge University Press
ISBN: 1108840086
Category : Business & Economics
Languages : en
Pages : 491
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Book Description
Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
Author: Federico Lenzerini
Publisher: Bloomsbury Publishing
ISBN: 1782254714
Category : Law
Languages : en
Pages : 489
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Book Description
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
Author: Massimo Iovane
Publisher: Oxford University Press
ISBN: 0192846507
Category : Law
Languages : en
Pages : 449
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Book Description
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Author: Cedric Ryngaert
Publisher: Oxford University Press
ISBN: 019259270X
Category : Law
Languages : en
Pages : 272
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Book Description
Should states intervene in situations outside of their own territory in order to safeguard or promote the common good? In this book, Cedric Ryngaert addresses this key question, looking at how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns, such as those relating to the global environment and human rights. Such a shift is enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. There is no denying that, in the real world, 'selfless intervention' by states tends to combine with more insular considerations. This book argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may precisely serve to trigger the exercise of jurisdiction in the common interest.
Author: Julie Gjørtz Howden
Publisher: BRILL
ISBN: 9004426329
Category : Law
Languages : en
Pages : 257
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Book Description
In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach, and how the approach provides a legal framework for common management of international watercourses.
Author: Lung-chu Chen
Publisher: Oxford University Press
ISBN: 0190228008
Category : Law
Languages : en
Pages : 641
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Book Description
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Author: Claire Buggenhoudt
Publisher:
ISBN: 9781780685885
Category : International commercial arbitration
Languages : en
Pages :
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Book Description
How are common interests protected in international dispute settlement? What is the role of different courts and tribunals? Why is the case law on common interests (in)consistent? Do we need more consistency for a better protection of common interests? Common Interests in International Litigation provides answers to questions that arise in international litigation as a result of an increasing recognition of common interests in this field and an ever-expanding network of specialised judicial bodies.Common Interests in International Litigation studies the case law of a number of international courts, focusing on international litigation concerning natural resource exploitation. This is a theme closely linked to a number of common interests, one which has been considered by a number of courts dealing with human rights, international security, international trade, international investment, the law of the sea, and more. This study aims to bring together the case law of these diverse judicial bodies to develop a common approach to common interests in international litigation. In contrast to previous studies that have focused on the approach to common or public interests in distinct legal regimes, this book offers an overview of the issue traversing traditional boundaries between legal regimes. It is therefore of particular interest to practitioners of international law and scholars specialising in the field seeking to broaden their horizons, and essential reading to all those interested in the enforcement of common interests at the international level. Claire Buggenhoudt successfully defended her doctoral thesis on common interests in international litigation at the University of Antwerp in 2015. From 2009 to 2015 she worked as a teaching assistant in public international law at the University of Antwerp whilst also pursuing her PhD studies. She is currently working as a public law solicitor at the Antwerp Bar.
Author: Mark Gibney
Publisher: Routledge
ISBN: 1351591444
Category : Political Science
Languages : en
Pages : 495
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Book Description
International Law: Our Common Future offers a dynamic approach to the study of international law that actively engages students in ways that more traditional textbooks do not. One way this is achieved is by focusing on recent events, including international terrorism, extraordinary rendition, the legality of drone strikes, environmental devastation, and human rights. Another is by having students wrestle with actual court rulings rather than being given short summaries of these decisions. These cases, which are from a wide array of international, regional, and domestic tribunals, are followed by a series of provocative and challenging questions and prompts that will naturally lead to classroom discussion and debate. The book recognizes the importance of visual media in terms of student learning. In addition to photographs of individuals and events that feature prominently in the development of international law, each chapter has sections entitled "International Law at the Movies" which highlight feature films and documentaries that explore the topic at hand. What students will quickly come to realize is that international law is not a distant and abstract entity, but rather, is intimately connected to various aspects of their daily lives. The book shows some of the remarkable changes in international law, most notably the declining importance of the role of the state. As a final point, the book is written in an engaging, almost conversational, style that is accessible to students in a wide array of academic disciplines. FEATURES OF THIS INNOVATIVE TEXT This book is specifically designed to appeal to student interest, to promote active learning, and to integrate carefully edited court cases with explanatory text. Here are just a few of the features devoted to achieving these goals: Boxed text highlighting current events “International Law at the Movies” boxes Photos illustrating key moments and figures in international law Cases carefully edited and set off from the main text Notes and Comments following court case excerpts References for each chapter divided into key types of sources including Books and Articles, Reports, Agreements, and Cases (international, regional, and domestic tribunals) Glossary of key terms putting terms in context with events Filmography Table of Cases with links to original sources A NOTE ABOUT THE COVER ART Title: “María, inside since April 14, 2014” Artist: Ben Betsalel The cover image is from a prison project in Colombia, "Human Beings Inside and Outside," done in collaboration with the International Committee of the Red Cross (ICRC).
Author: Gemma Andreone
Publisher: Springer
ISBN: 3319512749
Category : Law
Languages : en
Pages : 278
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Book Description
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
