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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
This book contains a collection of articles written mostly by Hungarian authors covering developments in the field of international law and EU law, as well as the progress in domestic implementation and application of these fields of law. The thematic chapter on the significance of EU values, authored, among others, by renowned international experts, gives an in-depth analysis of a current issue of international law or European law. It also contains numerous articles analyzing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The book offers a comprehensive picture of the state of application and implementation of EU law and international law in Hungary.
The importance of the law of international organizations is continually increasing. This textbook, first published in German, explains and analyses not only the structures of international organizations in general, but also focuses on the interplay between the creation of institutional structures and important substantive areas of public international law. Thus, in the first and second parts of the book the general aspects of the law of international organizations are surveyed, whereas in the third part international security, human rights protection, trade, development and environmental protection are analyzed in terms of the interplay between substantive and institutional law. This third part is built on the assumption that the law of international organizations needs to be studied in action, i.e. by looking at highly institutionalized areas of international law as a way of analyzing the mutual influences between institutional and substantive international law. In fact all important parts of international law are today institutionalized in different international organizations, a phenomenon which is reflected in the title.Up to now, there has been no other book on international law which brings together institutional and substantive aspects in a comparable manner. This text book is aimed at students of the law of international organizations but also to students in the social sciences, above all, political science. It will also be useful to practitioners in the field of international institutions.
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights for all without distinction as to race. In 1950, a California court applied the Charters human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to self-executing treaties. Under the modern rule, state governments are allowed to violate national treaty obligationsincluding international human rights obligationsthat are embodied in non-self-executing treaties.
Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.
The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.
Based on the author's Hague Lectures on ICSID, this book on ICSID and the ICSID Convention provides a detailed introduction to the worlds leading institution devoted to international investment dispute settlement. Fully up-to-date as of mid-2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The author also discusses efforts to reform international investment dispute settlement in general and ICSID arbitration in particular. ICSID: An Introduction to the Convention and Centre is an authoritative, essential guide for students, practitioners, policymakers, investors, NGO activists, and journalists with an interest in investor-state dispute settlement.
This series contains summaries of judgments, advisory opinions and orders of a substantive nature issued by the International Court of Justice, the principal judicial organ of the United Nations. The present volume includes summaries of all the judgments, advisory opinions and orders issued by the Permanent Court of International Justice, the predecessor of the International Court of Justice. From 1922 to 1946, the Permanent Court dealt with 29 contentious cases and delivered 27 advisory opinions, thus participating in the settlement of numerous international disputes and contributing to the development of international law. The decisions summarized in the present volume have played and continue to play an important role in understanding the jurisprudence of the International Court of Justice.
Ideas in Conflict: International Law and the War on Terror describes the transformation of international law and sovereignty in the post-war world. It imparts the causes and consequences of the rise of non-State actors' importance in international law, with a focus on human rights and terrorism as two examples of this phenomenon. After World War II, international law transformed itself radically: human rights took a central role in the post-war world as the legitimator of States, and as a key objective of the international system as one of the steps to prevent another global war. State sovereignty likewise transformed from an absolute, indivisible, and ultimate power of States into relativized and transferable quanta of State power, which in turn were partially parceled upward to international organizations, downward to sub-State public law actors, and outward to private law actors. Terrorism is one of the latest challenges posed to the international system by non-State actors.
With the rising relevance of international organizations in international affairs, and the general turn to litigation to settle disputes, international institutional law issues have increasingly become the subject of litigation, before both international and domestic courts. The judicial treatment of this field of international law is addressed in Judicial Decisions on the Law of International Organizations through commentary on excerpts of the most prominent international and domestic judicial decisions that are relevant to the law of international organizations, providing in-depth analysis of judicial decisions. The commentaries written and edited by leading experts in the field of international institutional law, they are opinionated and critically engage with the decision in question, with commentators' and stakeholders' reactions thereto, and with later decisions, codifications, and reports.
The second volume of EtYIL brings together a number of articles and other contributions that, collectively, take EtYIL's original mission of helping rebalance the narrative of international law another step forward. Like the first volume, this book presents scholarly contributions on cutting-edge issues of international law that are of particular interest to Ethiopia and its sub-region, as well as Africa and developing countries more generally. The major issues tackled include the interplay between national and international in the promotion and regulation of foreign direct investment in Ethiopia; the regulatory framework for the exploitation and development of petroleum resources and relevant arbitral jurisprudence in the field; the role of international law in ensuring the equitable sharing of transboundary resources, such as the waters of the River Nile, or in the delimitation of the continental shelf in the region; the efforts to establish the Continental Free Trade Area in Africa and the lessons that can be learnt from prior experiments; Africa's policy towards the International Criminal Court and the feasibility of alternative means of serving justice in the case of grave crimes; and the UN's peace-keeping operations in their North-South context. The issues addressed in the various contributions are mostly at the heart of live political, diplomatic and judicial activities today, and as such promise to shape the future of international law in the region and beyond. This volume not only takes a significant step further towards EtYIL's mission, but also enriches it with fresh insights from perspectives that are not common in international law scholarship to this day.
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance - leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland - now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.
Das Buch befasst sich mit der Fragestellung nach einer Konstitutionalisierung des Voelkerrechts und beleuchtet diese aus einer systemtheoretischen Sichtweise. Das Werk setzt sich zunachst intensiv mit der Systemtheorie von Niklas Luhmann auseinander und analysiert anschliessend sowohl vorherrschende Konstitutionalisierungs- als auch Fragmentierungstendenzen. Ausfuhrlich wird dabei auf den Ansatz des sog. Societal Constitutionalism eingegangen und die Hauptthese der Vertreter dieses Ansatzes kritisch gewurdigt. Schliesslich beleuchtet das Werk die Konstitutionalisierung des Voelkerrechts unter systemtheoretischen Gesichtspunkten und untersucht, inwieweit ein autonomes oder sogar autopoietisches Rechts- und Politiksystem auf internationaler Ebene existieren und ob diese beiden Systeme analog zur nationalstaatlichen Ebene durch eine Art strukturelle Kopplung verbunden sind. Im Kern bejaht das Werk ein Vorliegen einer strukturellen Kopplung und dadurch auch eine Konstitutionalisierung zumindest in einem abgeschwachten Mass.
Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.
In less than 100 years, international organizations have evolved from curiosities into keystones of international law. What began long ago as an unremarkable effort to coordinate a limited number of technical issues has grown into a global, multilevel, blended governing project with diverse competences in most fields of human endeavor and interests. Law graduates who enter the field of international law, as well as political science, international relations, and diplomacy, are increasingly expected to have a strong knowledge of the law of international organizations. Beyond knowledge, graduates are also expected to be able to solve new emerging legal problems confronting organizations. This book introduces students to the law of international organizations through the careful study of the most recent cases and other materials from the International Court of Justice, United Nations Security Council and General Assembly, World Trade Organization, international criminal tribunals, European Union, European Court of Human Rights, International Labour Organization, various domestic courts and arbitral panels, and other bodies. In doing so, it undertakes a critical examination of legal rights and duties, exposing the fundamental questions that arise when addressing a range of issues within an organization. In order to provide the best foundation, the textbook focuses on several key topics: the law of treaties, creation of organizations, membership, powers of organizations, legal effects of their acts, organs, immunities, and responsibility. This book is best suited for students who are studying international organizations and who have already had one or more courses on international and/or European law.
Das Buch versucht, zu einem besseren Verstandnis des Strukturwandels des Voelkerrechts beizutragen. Zu diesem Zweck entwirft es ein Prinzipienmodell des Voelkerrechts, mit dem sich die voelkerrechtlichen Entwicklungen, an die die Strukturwandelthese anknupft, theoretisch erklaren und dogmatisch erfassen lassen. Es weist nach, dass die Regeln des Voelkerrechts in normativer Hinsicht auf voelkerrechtlichen Grundprinzipien aufbauen, zeigt, dass der Bestand dieser Prinzipien wachst und analysiert, inwieweit das Aufkommen neuer Voelkerrechtsprinzipien das Verstandnis bestehender Voelkerrechtsregeln beeinflusst. Ausgehend hiervon pladiert das Werk dafur, die Erscheinungen des voelkerrechtlichen Strukturwandels als Konsequenz von Veranderungen im Bestand voelkerrechtlicher Grundprinzipien zu verstehen. An Fallstudien aus unterschiedlichen Teilbereichen des Voelkerrechts wird die Theorie abschliessend erprobt.
Among the cases reported in Volume 119 are Pinochet decisions from English, Spanish, Belgian, and Luxembourg courts. The volume also includes an important ICSID arbitral award in Metalclad (and British Columbia decision), and the arbitration tribunal maritime delimitation Phase Two of the Eritrea/Yemen dispute. Finally, Volume 119 reports the Southern Bluefin Tuna (Australia and New Zealand v. Japan) arbitration tribunal award of August 2000.
Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
The global economic downturn has led to increased commercial litigation and insolvency proceedings in financial centres across the world. As a result, there has been a growing need to seek the assistance of courts in offshore jurisdictions where significant assets and/or evidence are likely to be found. Informed judgements must be made about what rules of law and practice govern the relevant judicial cooperation regimes, both by lawyers who manage litigation onshore concerning assets or evidence located offshore, and by offshore lawyers asked to advise their onshore counterparts. Although geographically small, the British territories of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man are well established international financial centres. These six commercially significant jurisdictions are home to a vast array of commercial entities which conduct business throughout the world. There is growing concern over how the courts of these jurisdictions will cooperate with courts in other centres of commerce in responding to letters of request, enforcing foreign judgments, or assisting foreign liquidators. This book is the only publication to provide a detailed explanation of the law and practice in each of these six British territories and how each approaches the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency. It is edited by a commercial judge and two experienced commercial litigators with contributions from experts in each jurisdiction, all written from the perspective of the practitioner.
The Netherlands is once again at the helm of the EU in the spring of 2016. This volume brings together contributions on topics related to the Dutch Presidency Agenda 2016 from a number of scholars who are affiliated with Leiden University. Each of the authors reflects on elements and developments in EU law and policy that will be important to the EU agenda in the coming months from their own background or perspective. The volume offers unique contemporary, academic, and interdisciplinary insights on the functioning of the EU for national and European policy- and decision-makers.
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.
Delving into the law and meaning of international organizations, this book addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization Written in an accessible and engaging way, this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations.
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