The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law PDF Download

Author: Serena Forlati
Publisher: BRILL
ISBN: 9004428674
Category : Law
Languages : en
Pages : 273

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Book Description
The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.

Author: Piotr Szwedo
Publisher: BRILL
ISBN: 9004382895
Category : Law
Languages : en
Pages : 402

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Book Description
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.

Author: Georges Abi-Saab
Publisher: Bloomsbury Publishing
ISBN: 1509929908
Category : Law
Languages : en
Pages : 412

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Book Description
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Author: Jutta Brunnée
Publisher: BRILL
ISBN: 9004444386
Category : Law
Languages : en
Pages : 240

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Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

Author: Simon Marsden
Publisher: Edward Elgar Publishing
ISBN: 1786437414
Category : Law
Languages : en
Pages : 323

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Book Description
This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.

Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641

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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262

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Book Description
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Author: Eirik Bjørge
Publisher:
ISBN: 0198716141
Category : Law
Languages : en
Pages : 241

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Book Description
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Author: Helene Ruiz Fabri
Publisher: BRILL
ISBN: 900443495X
Category : Law
Languages : en
Pages : 482

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Book Description
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.

Author: Giovanni Distefano
Publisher: BRILL
ISBN: 9004396691
Category : Law
Languages : en
Pages : 991

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Book Description
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.