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Author: André de Hoogh Publisher: BRILL ISBN: 9004638989 Category : Political Science Languages : en Pages : 489
Book Description
This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.
Author: André de Hoogh Publisher: BRILL ISBN: 9004638989 Category : Political Science Languages : en Pages : 489
Book Description
This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.
Author: Christian J. Tams Publisher: Cambridge University Press ISBN: 1139448803 Category : Political Science Languages : en Pages : 397
Book Description
The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
Author: John Heieck Publisher: Edward Elgar Publishing ISBN: 1788117719 Category : History Languages : en Pages : 261
Book Description
This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
Author: Christian Tomuschat Publisher: BRILL ISBN: 9004149813 Category : Law Languages : en Pages : 483
Book Description
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Author: Hugh Thirlway Publisher: Oxford University Press ISBN: 0199685398 Category : Law Languages : en Pages : 262
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: Alexandre Skander Galand Publisher: BRILL ISBN: 9004342214 Category : Law Languages : en Pages : 278
Book Description
This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Author: Dire Tladi Publisher: BRILL ISBN: 9004464123 Category : Law Languages : en Pages : 806
Book Description
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
Author: Farid Ahmadov Publisher: BRILL ISBN: 9004380981 Category : Law Languages : en Pages : 246
Book Description
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Author: André de Hoogh
Author: André de Hoogh
Author: Joseph H. Weiler
Author: Christian J. Tams
Author: John Heieck
Author: Christian Tomuschat
Author: Hugh Thirlway
Author: Alexandre Skander Galand
Author: Maurizio Ragazzi
Author: Dire Tladi
Author: Farid Ahmadov