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Genre | : |
Author | : |
Publisher | : Cambria Press |
Release | : |
File | : 426 Pages |
ISBN-13 | : 9781621969518 |
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Genre | : |
Author | : |
Publisher | : Cambria Press |
Release | : |
File | : 426 Pages |
ISBN-13 | : 9781621969518 |
In an anarchical society of independent states, unilateral measures play an important role. Fortunately, this does not mean that most states act unilaterally most of the time; on the contrary, cooperation is the key word in most areas of international relations and international law. However, in the absence of a comprehensive judicial system or effective enforcement system, states have and will continue to take unilateral measures to enforce law and policies. Sometimes these measures only claim to legality is the application of the countermeasures doctrine. This landmark book by Dr. Hjrtur Bragi Sverrisson, the Head of Legal Affairs at EEA Grants, a development fund within the European Free Trade Association (EFTA), examines the law of countermeasures in the context of violations of international legal environmental obligations of states. It reviews the source of authority of states, namely, sovereignty, its interaction with the notion of international law, and the limitation of the latter. An in-depth review of the doctrine of countermeasures follows, by presenting, contrasting, and critically analyzing the views of the classical masters, as well as contemporary authors and other authoritative sources. The book puts the theories into context by presenting seven cases of states use, or threat of use, of unilateral remedies to protect environmental interests. One must remember that frustration, domestic politics, sovereign identity, and the need to show resolve not only are all a recipe for unlawful countermeasures, but also are often the underlying cause for such measures. Therefore, the environment for a solid and politically detached legal analysis regarding the flora of permissiblemeasures might not be the most favorable. However, the decision to take countermeasures cannot be a spontaneous one; it has to be meticulously analyzed, and proper steps have to be taken before such measures are used. Only then can the countermeasures doctrine form the basis for a legal and legitimate unilateral enforcement of international law. By shedding a light on this labyrinth, this book provides guidance for scholars and students, private actors, and policy makers, as well as legal advisers to governments.
Genre | : LAW |
Author | : Hjortur Bragi Sverrisson |
Publisher | : |
Release | : 2014-05-14 |
File | : 425 Pages |
ISBN-13 | : 1624991327 |
The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It begins with the 2013-2014 trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law. Also included are pertinent general articles by leading experts in the field. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.
Genre | : Law |
Author | : Andrea K. Bjorklund |
Publisher | : Oxford University Press, USA |
Release | : 2015 |
File | : 736 Pages |
ISBN-13 | : 9780190265779 |
World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
Genre | : Law |
Author | : Roberto Soprano |
Publisher | : Routledge |
Release | : 2018-07-24 |
File | : 307 Pages |
ISBN-13 | : 9781351747677 |
Since the first edition of the Encyclopedia of White Collar and Corporate Crime was produced in 2004, the number and severity of these crimes have risen to the level of calamity, so much so that many experts attribute the near-Depression of 2008 to white-collar malfeasance, namely crimes of greed and excess by bankers and financial institutions. Whether the perpetrators were prosecuted or not, white-collar and corporate crime came near to collapsing the U.S. economy. In the 7 years since the first edition was produced we have also seen the largest Ponzi scheme in history (Maddoff), an ecological disaster caused by British Petroleum and its subcontractors (Gulf Oil Spill), and U.S. Defense Department contractors operating like vigilantes in Iraq (Blackwater). White-collar criminals have been busy, and the Second Edition of this encyclopedia captures what has been going on in the news and behind the scenes with new articles and updates to past articles.
Genre | : Business & Economics |
Author | : Lawrence M. Salinger |
Publisher | : SAGE Publications |
Release | : 2013-06-14 |
File | : 1212 Pages |
ISBN-13 | : 9781452276168 |
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
Genre | : Law |
Author | : Tafsir Malick Ndiaye |
Publisher | : Martinus Nijhoff Publishers |
Release | : 2007 |
File | : 1237 Pages |
ISBN-13 | : 9789004161566 |
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
Genre | : Law |
Author | : James Crawford |
Publisher | : Oxford University Press |
Release | : 2010-05-20 |
File | : 1364 Pages |
ISBN-13 | : 9780199296972 |
Cassese's International Law is a new edition of an established classic. Authors Gaeta, Vi�uales, and Zappal� have built on the legacy of international law luminary Antonio Cassese to offer a thought-provoking and lucid account for today's undergraduates and postgraduates. The authors have refreshed Cassese's original approach, ensuring the book continues to compare the traditional legal position with the developing and evolving law. Advancing areas such as the law of the sea, territorial matters, and international environmental law have been expanded to give proper place to their evolving development, while brand new chapters on international trade and foreign investment have been written to reflect the advancements of these areas. In maintaining the broad structure and approach but providing new material, the authors bring fresh context to Cassese's thinking and provide students with an up-to-date, compelling account of the landscape of international legal thinking.
Genre | : Law |
Author | : Paola Gaeta |
Publisher | : Oxford University Press, USA |
Release | : 2020-08 |
File | : 613 Pages |
ISBN-13 | : 9780199231287 |
Note on sources and style
Genre | : Law |
Author | : United Nations. International Law Commission |
Publisher | : Cambridge University Press |
Release | : 2002 |
File | : 428 Pages |
ISBN-13 | : 0521013895 |
International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.
Genre | : Law |
Author | : Duncan French |
Publisher | : Bloomsbury Publishing |
Release | : 2010-03-04 |
File | : 444 Pages |
ISBN-13 | : 9781847315663 |