Recueil Des Cours, Volume 127 (1969/II) PDF Download

Author: Academie De Droit International De La Ha
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028616424
Category : Law
Languages : en
Pages : 528

View

Book Description

Author: Franz Xaver Perrez
Publisher: BRILL
ISBN: 9004478132
Category : Law
Languages : en
Pages : 416

View

Book Description
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.

Author: United Nations. General Assembly. International Law Commission
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 1092

View

Book Description

Author: Jean d'Aspremont
Publisher: Routledge
ISBN: 1136724923
Category : Law
Languages : en
Pages : 748

View

Book Description
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 388

View

Book Description

Author: José E. Alvarez
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186824
Category : Law
Languages : en
Pages : 505

View

Book Description
This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028604162
Category : Law
Languages : en
Pages : 450

View

Book Description
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Author: H Mosler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640495
Category : Law
Languages : en
Pages : 348

View

Book Description

Author: Ben Chiagra
Publisher: Routledge
ISBN: 1351766767
Category : Social Science
Languages : en
Pages : 563

View

Book Description
This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041114914
Category : Law
Languages : fr
Pages : 372

View

Book Description
This volume is designed to put at the disposal of the users of the "Collected Courses" detailed and precise research tools. It is not intended to replace the general indexes, but is an attempt to fill the gaps inherent in the publication dates of the former. This volume covers ten volumes of the "Collected Courses" (published between 1997 and 1998) - more than 4,000 printed pages; it is the Academy's intention to produce similar index volumes on a regular basis. Also included is a complete list of all the courses which have appeared in the "Collected Courses" to date, as well as an alphabetical list of authors, and a detailed list of the Academy's other publications.