Reflections on Principles and Practice of International Law

Reflections on Principles and Practice of International Law PDF

Author: Terry D. Gill

Publisher: BRILL

Published: 2021-10-18

Total Pages: 309

ISBN-13: 9004478590

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This collection of essays in honour of Professor Leo Bouchez covers a wide variety of topics within the field of international law and related disciplines which Professor Bouchez came into contact with over the course of his long and distinguished career as a practising attorney. The contributions, by a distinguished group of friends and professional colleagues, reflect the diversity of his intellectual interests and professional activities, of both a theoretical and a practical nature. The essays include such topics as jurisdiction, extradition law, human rights and self-determination, the use of force and the enforcement of United Nations sanctions, territory and the law of the sea, as well as essays on municipal law topics relating to international law and on international relations. Professor Bouchez was a senior partner in the firm of Houthoff and Associates and Adjunct Professor of International Law at the University of Utrecht until his retirement in 1998.

Reflections on Global Law

Reflections on Global Law PDF

Author: Shavana Musa

Publisher: Martinus Nijhoff Publishers

Published: 2013-11-21

Total Pages: 242

ISBN-13: 9004260951

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Reflections on Global Law provides an interesting and vital look into the newly emerging field of global law. It allows the possibility for readers to discover global law from the perspective of various academic experts who stem from a whole range of different legal disciplines. In a globalised world, it is important that one is able to look beyond the "local", given that there are now a whole host of different types of jurisdictions at work. This book touches upon the interdisciplinary character and complexities of global law and demonstrates the further need, within academia, to delve into this newly emerging field of law.

General Principles and the Coherence of International Law

General Principles and the Coherence of International Law PDF

Author: Mads Andenas

Publisher: BRILL

Published: 2019-05-20

Total Pages: 474

ISBN-13: 9004390936

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General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

The Philosophy of International Law

The Philosophy of International Law PDF

Author: Samantha Besson

Publisher: Oxford University Press

Published: 2010-04

Total Pages: 626

ISBN-13: 0199208581

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This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

The United Nations Decade of International Law

The United Nations Decade of International Law PDF

Author: Marcel Brus

Publisher: BRILL

Published: 2023-11-27

Total Pages: 166

ISBN-13: 9004637656

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In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law. One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of and respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission and the Non-Aligned Movement to human rights and space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement and supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).

The Principles and Practice of International Aviation Law

The Principles and Practice of International Aviation Law PDF

Author: Brian F. Havel

Publisher: Cambridge University Press

Published: 2014-03-31

Total Pages: 463

ISBN-13: 1139867504

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The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

Reflections on Canada's Past, Present and Future in International Law/Réflexions sur le passé, le présent et l'avenir du Canada en droit international

Reflections on Canada's Past, Present and Future in International Law/Réflexions sur le passé, le présent et l'avenir du Canada en droit international PDF

Author: Oonagh E. Fitzgerald

Publisher: McGill-Queen's Press - MQUP

Published: 2018-06-30

Total Pages: 425

ISBN-13: 1928096689

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Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada’s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada’s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada’s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada’s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament’s role in international law. Part II explores Canada’s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.

General Principles of Law - The Role of the Judiciary

General Principles of Law - The Role of the Judiciary PDF

Author: Laura Pineschi

Publisher: Springer

Published: 2015-06-22

Total Pages: 330

ISBN-13: 3319191802

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This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.