The Protection Of General Interests In Contemporary International Law

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This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.

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Genre : Law
Author : Massimo Iovane
Publisher : Oxford University Press
Release : 2021-08-04
File : 464 Pages
ISBN-13 : 9780192661708


Transforming World Trade And Investment Law For Sustainable Development

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Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"--aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)--requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.

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Genre : Foreign trade regulation
Author : Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Release : 2022
File : 369 Pages
ISBN-13 : 9780192858023


Community Interests Across International Law

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This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

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Genre : Law
Author : Eyal Benvenisti
Publisher : Oxford University Press
Release : 2018-05-16
File : 570 Pages
ISBN-13 : 9780192558916


Intellectual Property Ordering Beyond Borders

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This volume brings together various perspectives to re-conceptualise IP protection beyond borders within a broader public international law framework.

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Genre : Business & Economics
Author : Henning Grosse Ruse-Khan
Publisher : Cambridge University Press
Release : 2022-10-13
File : 473 Pages
ISBN-13 : 9781316512937


The South China Sea Arbitration

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Beyond the scope of the dispute settlement between the Philippines and China, the South China Sea arbitral award can be thought to significantly influence the development of international law and the law of the sea. Accordingly, this book seeks to examine the South China Sea arbitration from the perspective of the development of public international law and its limitations. Specifically it addresses the issues of jurisdiction of the Annex VII Arbitral Tribunal, the historic rights, the legal status of maritime features, the lawfulness of various activities of China, and the role of the South China Sea arbitration in the international dispute settlement. In considering these issues, this book examines the South China Sea arbitration in three respects: (i) the clarification of relevant rules and obligations under the UN Convention on the Law of the Sea as well as international law, (ii) the protection of community interests at sea, and (iii) considerations of time elements in international law. This title is included in Bloomsbury Professional's International Arbitration online service.

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Genre : Law
Author : Yoshifumi Tanaka
Publisher : Bloomsbury Publishing
Release : 2019-11-28
File : 311 Pages
ISBN-13 : 9781509924837


The Prospects Of Common Concern Of Humankind In International Law

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Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.

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Genre : Business & Economics
Author : Thomas Cottier
Publisher : Cambridge University Press
Release : 2021-05-13
File : 491 Pages
ISBN-13 : 9781108840088


Public International Law

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This Publications for 3 Year Course LLB/ 5 year Course BA,LLB/ BBA, LLB/ Bcom, LLB, / ML, international Law Students and Law professors, This Book is Based on All Indian Law university Syllabus.and international Law Students to meet their Curriculum. This book is easy to understand and identify the Value of Subjects clearly.

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Genre : Fiction
Author : Dr. J. JAMES
Publisher : Forever Shinings Publication
Release : 2024-11-12
File : 245 Pages
ISBN-13 :


Aviation Safety Through The Rule Of Law

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Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than ‘as few accidents as possible’. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO’s quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: global ramifications of national and regional initiatives; auditing of state compliance with international standards; characterization of crimes against the safety of civil aviation; importance of ensuring that safety requirements are not compromised by profit considerations; burgeoning of airline alliances, code-sharing and outsourcing activities; demands for simplification and unification of certain regulatory procedures; prohibition of the use of weapons against civil aircraft in flight; development of new technology, such as satellite-based navigation systems; and importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

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Genre : Law
Author : J. Huang
Publisher : Kluwer Law International B.V.
Release : 2009-08-07
File : 282 Pages
ISBN-13 : 9789041144775


Contemporary International Law

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Genre : Law
Author : Werner Levi
Publisher : Westview Press
Release : 1979
File : 424 Pages
ISBN-13 : UOM:39015000912793


Nuclear Non Proliferation In International Law Volume Iv

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This fourth volume in the book series on Nuclear Non-Proliferation in International Law focuses on human perspectives regarding the development and use of nuclear energy; the need for regional solutions; and recent activities towards prohibiting and abolishing nuclear weapons. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law; Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and, Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non- Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non- Proliferation & Contemporary International Law.

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Genre : Law
Author : Jonathan L. Black-Branch
Publisher : Springer
Release : 2018-12-19
File : 413 Pages
ISBN-13 : 9789462652675