Appeal Relating to the Jurisdiction of the ICAO Council (India V. Pakistan) PDF Download

Author: International Court of Justice
Publisher:
ISBN:
Category : Airspace (International law)
Languages : en
Pages : 826

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Author: International Court of Justice
Publisher:
ISBN:
Category : Airspace (International law)
Languages : en
Pages : 791

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Author: Luping Zhang
Publisher: Oxford University Press
ISBN: 0192665936
Category : Law
Languages : en
Pages : 257

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Book Description
In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

Author: Kimberley N. Trapp
Publisher: OUP Oxford
ISBN: 0191621668
Category : Law
Languages : en
Pages : 320

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The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

Author: Surya P Subedi QC
Publisher: Bloomsbury Publishing
ISBN: 1509948406
Category : Law
Languages : en
Pages : 432

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This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Author: J.P.S. Offerhaus
Publisher: BRILL
ISBN: 9004632352
Category : Law
Languages : en
Pages : 405

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Book Description
This volume completes the monumental, eleven-volume series, International Law in Historical Perspective, which was published over a period of 24 years by Professor J.H.W. Verzijl (and continued after his death in 1987 by W.P. Heere and J.P.S. Offerhaus). This index volume provides insight into the series both for the uninitiated and initiated, enabling the user to access all 11 volumes (spanning a total of 6500 printed pages) quickly and easily. It contains a subject index, an index of personal names, of geographical names, of ships' names, a list of treaties, a list of international judgements and a list of international arbitrations. A list of Professor Verzijl's commentaries on the more recent jurisprudence of the International Court of Justice completes the volume.

Author: Giulio Alvaro Cortesi
Publisher: Springer Nature
ISBN: 3030963438
Category : Law
Languages : en
Pages : 240

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International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Author: Bimal N. Patel
Publisher: BRILL
ISBN: 9047415493
Category : Law
Languages : en
Pages : 391

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Book Description
India has been a torchbearer in enhancing the ideals of international law. It has made persistent efforts to, among other things, promote a democratic multilateral legal framework, eliminate global economic inequality, enhance true democratic values and human rights, protect the environment and achieve sustainable development. India and International Law examines how India has attempted to achieve these goals in international relations and what has been therefore its contribution to the codification and progressive development of international law. The work will be a useful reference tool to scholars, academicians and policy-makers who are seeking practical expertise on India’s policy and practical approach to international law. It provides excellent reference to the case laws of the Indian judiciary bearing reference to the implementation of international law at national level and India’s position as of 31 December 2004 on the Multilateral Treaties deposited with the UN Secretary-General.

Author: Bimal N. Patel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004321330
Category : Law
Languages : en
Pages : 582

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Book Description
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

Author: Mahnoush H. Arsanjani
Publisher: Martinus Nijhoff Publishers
ISBN: 9004173617
Category : Political Science
Languages : en
Pages : 1119

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Book Description
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.