Reciprocity In Public International Law

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There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.

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Genre : Law
Author : Arianna Whelan
Publisher : Cambridge University Press
Release : 2023-03-02
File : 295 Pages
ISBN-13 : 9781108987851


The Transit Of Goods In Public International Law

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The Transit of Goods in Public International Law contextualizes transit as it exists in contemporary international law. Issues discussed in this volume are inextricably tied to the ongoing debate about state sovereignty and the globalization of the world's economies. Using the principles of systemic integration, effective rights, and economic cooperation, The Transit of Goods in Public International Law attempts to clarify the legal status of transit, its definition, and its enforceability under international law.

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Genre : Law
Author : Beatriz Huarte Melgar
Publisher : Hotei Publishing
Release : 2015-01-08
File : 378 Pages
ISBN-13 : 9789004288225


Conflict Of Norms In Public International Law

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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

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Genre : Law
Author : Joost Pauwelyn
Publisher : Cambridge University Press
Release : 2003-07-31
File : 557 Pages
ISBN-13 : 9781139436908


Reciprocity In International Law

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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

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Genre : Law
Author : Shahrad Nasrolahi Fard
Publisher : Routledge
Release : 2015-12-22
File : 210 Pages
ISBN-13 : 9781317312185


Trends Of Private International Law

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Genre : Law
Author : Pavel Kalenský
Publisher : Brill Archive
Release : 1972-07
File : 316 Pages
ISBN-13 : 9024712211


Fundamentals Of Public International Law

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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.

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Genre : Law
Author : Giovanni Distefano
Publisher : BRILL
Release : 2019-05-07
File : 991 Pages
ISBN-13 : 9789004396692


Corporate Obligations Under International Law

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The international legal status of corporations is a contentious issue, as they do not easily fit within a system traditionally designed around states. This book assesses the ways in which corporations are bound by international human rights and environmental law, and the form their obligations take.

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Genre : Law
Author : Markos Karavias
Publisher :
Release : 2013-11
File : 257 Pages
ISBN-13 : 9780199674381


The End Of Reciprocity

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Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.

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Genre : Law
Author : Mark Osiel
Publisher : Cambridge University Press
Release : 2009-03-09
File : 669 Pages
ISBN-13 : 9781139475471


Encyclopedia Of Public International Law

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Genre : Banks and banking
Author : Rudolf Bernhardt
Publisher : North Holland
Release : 1981
File : 580 Pages
ISBN-13 : STANFORD:36105062405704


Annual Digest And Reports Of Public International Law Cases

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Genre : International law
Author : H. Lauterpacht
Publisher : Cambridge University Press
Release : 1988
File : 642 Pages
ISBN-13 : 0949009245