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Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 9781139438643 Category : Law Languages : en Pages : 1452
Book Description
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
Author: Agné, Hans Publisher: Edward Elgar Publishing ISBN: 1802204253 Category : Political Science Languages : en Pages : 360
Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.
Author: A. J. van den Berg Publisher: Kluwer Law International B.V. ISBN: 9041123482 Category : Law Languages : en Pages : 642
Book Description
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
Author: Laurence Boisson de Chazournes Publisher: Edward Elgar Publishing ISBN: 1781005095 Category : Nature Languages : en Pages : 489
Book Description
ÔFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, EthiopiaÕs large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens.Õ à Edith Brown Weiss, Georgetown University, US ÔThis excellent book covers the important legal and political perspectives on the worldÕs freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.Õ à Catherine Bršlmann, University of Amsterdam, The Netherlands ÔThis volume provides a masterful investigation of the multiple points of interaction between freshwater and international law, and compelling and insightful analyses of such interactions bearing out and substantiating the thrust of the volume à mapping out the Òmultiple challengesÓ facing international law in its water governance role at different, relevant scales à global, regional and sub-regional. The volumeÕs focus on these Òmultiple challengesÓ is particularly welcome at a time when the planetÕs freshwater endowment is coming under increasing pressure from a multiplicity of factors, forcing policymakers, lawmakers, government negotiators and private-sector players on the water scene to challenge well-established behavioural and regulatory patterns, domestically and in relation to transboundary inter-State relations. In its stimulating multifarious approach, the volume offers fresh and insightful perspectives of some tested facets of the water governance role of international law, dealing with rivers, lakes and groundwater aquifers shared by a multiplicity of States. Some novel facets like, notably, the human right to water, trans-national trade in land and water resources, the rights of local communities, and State succession to water treaties, are also canvassed masterfully, adding to the value of the volume not only to international water law specialists, but also to the vast and growing population of water professionals in general. In sum, the volume is a must for all those who know and practise international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.Õ à Stefano Burchi, Chairman of the International Association for Water Law à AIDA ÔEssential as it is to human life, over one billion people currently lack access to safe drinking water and by 2025 this group could grow to three billion. Nowhere is this situation more critical than in the over 260 international drainage basins shared by two or more states where more than half of the worldÕs population will reside by the year 2050. International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.Õ à Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in Ôvirtual waterÕ and the impacts of Ôland grabsÕ. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.
Author: Katie Sykes Publisher: Edward Elgar Publishing ISBN: 1839109807 Category : Law Languages : en Pages : 224
Book Description
This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
Author: J.L. Kaul Publisher: Springer ISBN: 8132237242 Category : Law Languages : en Pages : 360
Book Description
This book offers a South Asian perspective on international law, maintaining a suitable distance from the ‘Western’ approach. The themes discussed reflect the region’s particular contribution to the development of international law. Each South Asian country has its own important role to play in promoting regional trade, regulating maritime affairs, ensuring access to water, debating State responsibility, engaging with International Criminal Court, questioning diplomatic and consular immunities, and, most importantly, upholding human rights. These issues are addressed by local contributors from Nepal, Bangladesh and Sri Lanka, who have come together to represent the whole South Asian region on a single academic platform.
Author: Taslim Elias Publisher: Springer Science & Business Media ISBN: 9401748659 Category : Law Languages : en Pages : 375
Book Description
This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.
Author: David Haljan Publisher: Springer Science & Business Media ISBN: 9067048585 Category : Law Languages : en Pages : 335
Book Description
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.