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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: 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: Vito De Lucia Publisher: BRILL ISBN: 9004506365 Category : Law Languages : en Pages : 469
Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author: Mads Andenas Publisher: BRILL ISBN: 9004390936 Category : Law Languages : en Pages : 474
Book Description
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
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: Pia Acconci Publisher: Martinus Nijhoff Publishers ISBN: 9004269509 Category : Law Languages : en Pages : 584
Book Description
This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.
Author: Mahnoush H. Arsanjani Publisher: Martinus Nijhoff Publishers ISBN: 9004173617 Category : Political Science Languages : en Pages : 1119
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.
Author: Justine Bendel Publisher: Edward Elgar Publishing ISBN: 1789901332 Category : Law Languages : en Pages : 305
Book Description
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Author: Cezary Mik Publisher: Taylor & Francis ISBN: 1040020909 Category : Law Languages : en Pages : 622
Book Description
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Author: Farid Ahmadov
Author: Farid Ahmadov
Author: C. M. Chinkin
Author: Vito De Lucia
Author: Sarah Joseph
Author: Mads Andenas
Author: Alexandre Skander Galand
Author: Pia Acconci
Author: Mahnoush H. Arsanjani
Author: Justine Bendel
Author: Cezary Mik