Engaging with Foreign Law

Engaging with Foreign Law PDF

Author: Basil Markesinis

Publisher:

Published: 2009

Total Pages: 452

ISBN-13: 9781472560414

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The number of books about foreign or comparative law or comparative methodology has grown over the years - in Europe because of European integration, the world over because of the globalization phenomenon. This book discusses about foreign law, the law of a country other than that of the 'national' lawyer, and how to engage with it.

Engaging with Foreign Law

Engaging with Foreign Law PDF

Author: Basil S Markesinis

Publisher: Bloomsbury Publishing

Published: 2009-03-30

Total Pages: 474

ISBN-13: 184731497X

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This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Rules of Engagement and the International Law of Military Operations

Rules of Engagement and the International Law of Military Operations PDF

Author: J. F. R. Boddens Hosang

Publisher: Oxford University Press, USA

Published: 2020-02-04

Total Pages: 369

ISBN-13: 0198853882

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The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.

Engaging Countries

Engaging Countries PDF

Author: Edith Brown Weiss

Publisher: MIT Press

Published: 2000

Total Pages: 644

ISBN-13: 9780262731324

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This study systematically examines how states implement and comply with international environmental accords.

The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law PDF

Author: María Campo Comba

Publisher: Springer Nature

Published: 2020-12-07

Total Pages: 380

ISBN-13: 3030614816

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This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

Feminist Engagement with International Criminal Law

Feminist Engagement with International Criminal Law PDF

Author: Eithne Dowds

Publisher: Bloomsbury Publishing

Published: 2020-01-23

Total Pages: 280

ISBN-13: 1509921915

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This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Research Handbook on Feminist Engagement with International Law

Research Handbook on Feminist Engagement with International Law PDF

Author: Susan Harris Rimmer

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 592

ISBN-13: 1785363921

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For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.

The Oxford Handbook of Comparative Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law PDF

Author: Curtis A. Bradley

Publisher: Oxford University Press

Published: 2019-06-07

Total Pages: 992

ISBN-13: 0190653353

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This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

International Law and Weapons Review

International Law and Weapons Review PDF

Author: Natalia Jevglevskaja

Publisher: Cambridge University Press

Published: 2021-12-16

Total Pages: 315

ISBN-13: 1108837557

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The first comprehensive and systemic analysis of States' weapons review obligation under international law underpinned by empirical research.