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Books > Law > International law > Public international law > General

Constitutionalism Under Extreme Conditions - Law, Emergency, Exception (Hardcover, 1st ed. 2020): Richard Albert, Yaniv Roznai Constitutionalism Under Extreme Conditions - Law, Emergency, Exception (Hardcover, 1st ed. 2020)
Richard Albert, Yaniv Roznai
R4,311 Discovery Miles 43 110 Ships in 18 - 22 working days

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, "Emergency, Exception and Normalcy," the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, "Terrorism and Warfare," the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, "Public Health, Financial and Economic Crises," considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, "Constitutionalism for Divided Societies," then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled "Constitution-Making and Constitutional Change," highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter "Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

International Labour Organization and Global Social Governance (Hardcover, 1st ed. 2021): Tarja Halonen, Ulla Liukkunen International Labour Organization and Global Social Governance (Hardcover, 1st ed. 2021)
Tarja Halonen, Ulla Liukkunen
R1,521 Discovery Miles 15 210 Ships in 18 - 22 working days

This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UNs oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers' rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO's second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.

American International Law Cases, Fourth Series - 2013 (Hardcover): Oceana Editorial Board American International Law Cases, Fourth Series - 2013 (Hardcover)
Oceana Editorial Board
R24,910 Discovery Miles 249 100 Ships in 10 - 15 working days

American International Law Cases is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts and bankruptcy courts, federal appellate courts, and the U.S. Supreme Court, as well as the U.S. Court of International Trade, other federal specialty courts, and state courts that have decided notable cases. The 2013 edition contains 10 volumes with over 275 cases. This edition has been reorganized in order to make it easier for researchers to use. In previous editions the order of cases was determined according to the order of the applicable topics in the list of subjects, but the cases are now provided in alphabetical order by case name, with a subject index of cases and consolidated table of cases at the end of Volume 10. Included in the 2013 edition are the following notable cases: U.S. Supreme Court * Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013) * Chafin v. Chafin, 133 S. Ct. 1017 (2013) * Levin v. United States, 133 S. Ct. 1224 (2013) Federal Courts of Appeal * Al Warafi v. Obama, 716 F.3d 627 (D.D.C. 2013) * Ali v. Obama, 736 F.3d 542 (D.C. Cir. 2013) * Balintulo v. Daimler AG, 727 F.3d 174 (2d Cir. 2013) * Hamad v. Gates, 732 F.3d 990 (9th Cir. 2013) * Hussain v. Obama, 718 F.3d 964 (D.C. Cir. 2013) * Jaffe v. Samsung Electronics Co., Ltd., 737 F.3d 14 (4th Cir. 2013) * United States v. Ali, 718 F.3d 929 (D.C. Cir. 2013) * United States v. Moreno, 727 F.3d 255 (3d Cir. 2013) * United States v. Shibin, 722 F.3d 233 (4th Cir. 2013) Federal District Courts * Alaska v. Kerry, 972 F. Supp. 2d 1111 (D. Alaska 2013) * Bernstein v. Kerry, 962 F. Supp. 2d 122 (D.D.C. 2013) * Chevron Corp. v. Republic of Ecuador, 949 F. Supp. 2d 57 (D.D.C. 2013) * DRFP, LLC v. Republica Bolivariana de Venezuela, 945 F. Supp. 2d 890 (S.D. Ohio 2013) * GPX Int'l Tire Corp. v. United States, 893 F. Supp. 2d 1296 (Ct. Int'l Trade 2013) * Sexual Minorities Uganda v. Lively, 960 F. Supp. 2d 304 (D. Mass. 2013)

International Law and Ethics after the Critical Challenge - Framing the Legal within the Post-Foundational (Hardcover): Euan... International Law and Ethics after the Critical Challenge - Framing the Legal within the Post-Foundational (Hardcover)
Euan Macdonald
R6,786 Discovery Miles 67 860 Ships in 18 - 22 working days

Around twenty years ago, a challenge was laid down to international law by those writing at the critical periphery of the discipline; a challenge that has yet to find satisfactory response. Although often (mistakenly) characterised as nihilist, this book seeks to recast it in positive terms; to pose the question of what - if anything - is left of international law and ethics if we accept both that apolitical rules are impossible and that the values that must - inevitably - be used to justify them are irreducibly, radically subjective. After detailed analyses of different political and international legal philosophers who have confronted this issue, the answer is located in a "turn to literature" and a rehabilitation of the ancient notion of rhetoric.

The Law of Interactions Between International Organizations - A Framework for Multi-Institutional Labour Governance (Hardcover,... The Law of Interactions Between International Organizations - A Framework for Multi-Institutional Labour Governance (Hardcover, 1st ed. 2020)
Henner Goett
R4,336 Discovery Miles 43 360 Ships in 18 - 22 working days

The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.

Air Transport and Pandemic Law - Legal, Regulatory, Ethical and Economic Issues (Hardcover, 1st ed. 2021): Ruwantissa Abeyratne Air Transport and Pandemic Law - Legal, Regulatory, Ethical and Economic Issues (Hardcover, 1st ed. 2021)
Ruwantissa Abeyratne
R2,444 Discovery Miles 24 440 Ships in 18 - 22 working days

The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.

The 1st International Conference on Maritime Education and Development - ICMED (Hardcover, 1st ed. 2021): Sanja Bauk, Stojce... The 1st International Conference on Maritime Education and Development - ICMED (Hardcover, 1st ed. 2021)
Sanja Bauk, Stojce Dimov Ilcev
R4,088 Discovery Miles 40 880 Ships in 18 - 22 working days

This book presents the proceedings of the 1st International Conference on Maritime Education and Development. The conference exchanges knowledge, experiences and ideas in the domain of maritime education and development, with the ultimate goal of generating new knowledge and implementing smart strategies and actions. Topics include the 4th Industrial Revolution (4IR); unmanned air/sea surface/underwater vehicles (UxV); the digital divide and Internet accessibility; digital infrastructure; IMO E-navigation strategy; smart-ship concept; automation and digitalization; cyber security; and maritime future. This proceedings pertains to researchers, academics, students, and professionals in the realm of maritime education and development.

Victims Before the International Criminal Court - Definition, Participation, Reparation (Hardcover, 1st ed. 2021): Christoph... Victims Before the International Criminal Court - Definition, Participation, Reparation (Hardcover, 1st ed. 2021)
Christoph Safferling, Gurgen Petrossian
R4,069 Discovery Miles 40 690 Ships in 18 - 22 working days

The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

Digitized Statecraft in Multilateral Treaty Participation - Global Quasi-Legislative Behavior of 193 Sovereign States... Digitized Statecraft in Multilateral Treaty Participation - Global Quasi-Legislative Behavior of 193 Sovereign States (Hardcover, 1st ed. 2021)
Takashi Inoguchi, Lien Thi Quynh Le
R1,964 Discovery Miles 19 640 Ships in 10 - 15 working days

This book is a rarity in that it opens a genuinely creative new vista for understanding global politics as distinguished from international politics, enhancing the vision for understanding global subjects such as multilateral treaties and the Covid-19 virus. Six hundred multilateral treaties deposited in the UN are conceptualized as a bundle of quasi-social contracts by sovereign states. A state's participation in multilateral treaties is envisaged as digitized statecraft. Using a state's physical actions and treaties' attributes, 193 profiles of statecraft are analyzed with the implications for the future of global politics. This book demonstrates that multilateral treaties are both a vehicle and an agency in the globalization trend; thus, both state and international actors influence a state's joining multilateral treaties. The book represents a marriage of international law and applied information science. It provides a framework for empirical modeling based on artificial intelligence and analyzes this framework in terms of international law and international relations. This book thus creates a new understanding of global politics.

A Guide to the PCA Arbitration Rules (Hardcover, New): Brooks Daly, Evgeniya Goriatcheva, Hugh Meighen A Guide to the PCA Arbitration Rules (Hardcover, New)
Brooks Daly, Evgeniya Goriatcheva, Hugh Meighen
R7,788 Discovery Miles 77 880 Ships in 10 - 15 working days

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules from any institution, and constitute a consolidation of four sets of PCA Rules drafted in the 1990s, and updated in light of PCA experience and the revision of other procedural regimes. They include special provisions adapted to arbitrations involving public entities and a number of novel provisions drafted on the basis of the PCA's experience administering arbitrations. In recent years, the PCA caseload has expanded to the extent that the total amount in dispute in PCA cases is estimated to be greater than that in any other arbitral institution, increasing the need for a comprehensive guide to arbitration under its auspices. This text benefits from the unparalleled insights of its three co-authors, all of whom are PCA lawyers, one of whom is the Deputy Secretary-General of the PCA, and a member of the drafting committee for the 2012 PCA Rules. An introductory chapter, describing the mandate for the revised rules from the PCA member states, as well as the drafting process itself, is followed by a rule-by-rule analysis following the familiar structure of the rules themselves. This analysis is split into four sections: the introductory rules; the composition of the arbitral tribunal; arbitral proceedings; and the award. The comprehensive appendices are intended to reduce the need for recourse to other materials and provide a stand-alone resource.

The Question of Competence in the European Union (Hardcover): Loic Azoulai The Question of Competence in the European Union (Hardcover)
Loic Azoulai
R3,653 Discovery Miles 36 530 Ships in 10 - 15 working days

The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.

Legal Aspects Around Satellite Constellations - Volume 2 (Hardcover, 1st ed. 2021): Annette Froehlich Legal Aspects Around Satellite Constellations - Volume 2 (Hardcover, 1st ed. 2021)
Annette Froehlich
R3,987 Discovery Miles 39 870 Ships in 10 - 15 working days

This book is the highly anticipated sequel to the previous volume under the same title, dedicated to presenting a diverse range of timely and valuable contributions on the legal and policy related questions evoked by satellite constellations, including emerging mega-constellations. Given the proliferation of activities in the field of satellite constellations, and the critical roles they play in supporting and enabling communication, navigation, disaster monitoring, Earth observation, security and scientific activities, the insights of legal and policy experts from around the world have been gathered in this second volume to help expand the scientific literature in this precious field. Topics range from legal obstacles and opportunities facilitating small satellite enterprise for emerging space actors, international cooperation in the compatibility and interoperability of navigation systems, the designation of satellite constellations as critical space infrastructure, to an analysis of the paradigm shift which has occurred over the last decade to make the proliferation of small satellite constellations possible, and more.

Economics of Public International Law (Hardcover): Eric A. Posner Economics of Public International Law (Hardcover)
Eric A. Posner
R9,965 Discovery Miles 99 650 Ships in 10 - 15 working days

This major book - edited by a leading authority - presents a careful selection of papers which analyse international law from a rational choice perspective. Interdisciplinary in scope, it includes work by professors in law, political science and economics. It addresses the proposition that states act rationally and behave in ways that are in the interest of their populations or internal groups. Topics include international adjudication, human rights law, compliance with international law, sanctions andinternational legal responsibility.The book will be an essential source of reference for scholars and students working in international law, international relations and related fields.

Legal Basis for a National Space Legislation (Hardcover, 2004 ed.): Julian Hermida Legal Basis for a National Space Legislation (Hardcover, 2004 ed.)
Julian Hermida
R4,174 Discovery Miles 41 740 Ships in 18 - 22 working days

A. GENERAL BACKGROUND "The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. " 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990's the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, "Legal Considerations Affecting Commercial Space Launches From International Territory", (1999) 50 IISL at 10. Emphasis added. 2 H. L.

States Undermining International Law - The League of Nations, United Nations, and Failed Utopianism (Hardcover, 1st ed. 2021):... States Undermining International Law - The League of Nations, United Nations, and Failed Utopianism (Hardcover, 1st ed. 2021)
Deepak Mawar
R2,880 Discovery Miles 28 800 Ships in 18 - 22 working days

This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system's most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community's most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

The Politics of Justifying Force - The Suez Crisis, the Iraq War, and International Law (Hardcover): Charlotte Peevers The Politics of Justifying Force - The Suez Crisis, the Iraq War, and International Law (Hardcover)
Charlotte Peevers
R3,652 Discovery Miles 36 520 Ships in 10 - 15 working days

What are the politics involved in a government justifying its use of military force abroad? What is the role of international law in that discourse? How and why is international law crucial to this process? And what role does the media have in mediating the interaction of international law and politics? This book provides a fresh and engaging answer to these questions. It introduces different actors to the study of international law in this context, in particular highlighting the importance of institutional actors and the role of the media. It takes a theoretical approach, informed by detailed empirical analysis of key case studies, which challenges the traditional distinction between the spheres of 'the international' and 'the domestic' in global affairs, and the role of international law in the making of public policy. The book specifically critiques the idea of the 'politics of justification', which argues that deploying international legal norms to justify governmental decisions resulting in the use of force necessarily constrains government actions, and leads to fewer instances of military intervention. The politics of justification, on this account, can be seen as a progressive practice, through which international law can become embedded in domestic societies. The book investigates the actors engaged in this justification, and the institutional contexts within which legal justification is articulated, interpreted, and contested. It provides a rich, detailed account of domestic British discourse in the crucial case studies of the Suez Crisis of 1956 and the Iraq War of 2003, making extensive use of archival material, newspaper and television reporting, Parliamentary debates, polling data, personal memoirs, and the declassified material provided to several Public Inquiries, including the Chilcot Inquiry. In light of these sources, it considers the concept of international law as a language and form of communication rather than a set of abstract norms. It argues that a detailed understanding of how that language is deployed, both in private and in public, is essential to gaining a deeper understanding of the role of international law in domestic politics. This book will be illuminating reading for scholars and students the use of force in international law, historians, and media theorists.

TERRORISM: INTERNATIONAL CASE LAW REPORTER 2012 (Hardcover): Michael Newton, Charles Garraway, Elies van Sliedregt, Simon Butt,... TERRORISM: INTERNATIONAL CASE LAW REPORTER 2012 (Hardcover)
Michael Newton, Charles Garraway, Elies van Sliedregt, Simon Butt, Anton du Plessis
R8,425 Discovery Miles 84 250 Ships in 10 - 15 working days

Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. All cases are also accompanied by headnotes that summarize the key issues for the benefit of researchers. This unique resource serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other publication on the market.
The 2012 edition includes cases highlighting issues such as:
* Whether the Patriot Act amendment to the Foreign Intelligence Surveillance Act, allowing surveillance where a "significant purpose" of the surveillance is foreign intelligence gathering, violates the Fourth Amendment;
* Whether the High Court of Uganda should accept the doctrine of void for vagueness and find the Anti-Terrorism Act as void and unenforceable;
* Whether the motive clause of the Terrorism section of the criminal Code of Canada is unconstitutional;
* Whether India's constitutional right of due process, including the right to both a speedy and a fair trial, requires that a criminal case arising from an incident fifteen years prior be remanded for a de novo trial or be vacated;
* Whether the Torture Victim Protection Act extends liability against nonsovereign organizations;
* Whether the United Kingdom Borders Act of 2007 creates a statutory presumption that deportation of a foreign criminal is in the public's interest which supersedes the determination of a court and the immigrant's interest of remaining in the nation; and
* Does the state secrets doctrine overcome an individual's right of truth in an extraordinary rendition case?
Each annual edition serves a function of unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index also helps the reader to synthesize the commonality of issues.
This publication can also be purchased on a standing order basis.

American International Law Cases, Fourth Series - 2012 (Hardcover): Oxford University Press American International Law Cases, Fourth Series - 2012 (Hardcover)
Oxford University Press
R27,113 Discovery Miles 271 130 Ships in 10 - 15 working days

American International Law Cases is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts and bankruptcy courts, federal appellate courts, and the U.S. Supreme Court, as well as the U.S. Court of International Trade, other federal specialty courts, and state courts that have decided notable cases. The 2012 edition includes cases of particular significance covering topics such as the Foreign Sovereign Immunities Act (FSIA), habeas corpus, the Torture Victim Protection Act (TVPA), the Convention Against Torture, designation of entities as foreign terrorist organizations, material support for terrorism as a war crime, international arbitration, treaty interpretation, constitutionality of U.S. treaty implementation legislation, head of state immunity, the Hague Convention on the Civil Aspects of International Child Abduction, cross-border insolvency, deportation of undocumented immigrants, and both the act of state doctrine and the political question doctrine. Each edition of AILC also includes an introductory note that reviews the major developments in international law for the given year and explains to readers how to use the volumes, and a subject index to allow for targeted research. The 2012 edition contains 10 volumes with over 200 cases. Included in the 2012 edition are the following key cases: * Holder v. Martinez Gutierrez (S. Ct.) * Kawashima v. Holder (S. Ct.) * Vartelas v. Holder (S. Ct.) * Arizona v. United States (S. Ct.) * Golan v. Holder (S. Ct.) * Mohamad v. Palestinian Authority (S. Ct.) * Zivotofsky ex rel. Zivotofsky v. Clinton (S. Ct.) * Hamdan v. United States (D.C. Cir.) * In re People's Mojahedin Organization of Iran (D.C. Cir.) * Obaydullah v. Obama (D.C. Cir.) * Republic of Argentina v. BG Group PLC (D.C. Cir.) * Konowaloff v. Metropolitan Museum of Art (2d Cir.) * Lozano v. Alvarez (2d Cir.) * United States v. Bond (3d Cir.) * Al Shimari v. CACI Int'l, Inc. (4th Cir.) * ESAB Group, Inc. v. Zurich Insurance PLC (4th Cir.) * Yousuf v. Samantar (4th Cir.) * Larbie v. Larbie (5th Cir.) * Trinidad y Garcia v. Thomas (9th Cir.) * Meza v. U.S. Att'y Gen (11th Cir.)

Paradigms of Social Order - From Holism to Pluralism and Beyond (Hardcover, 1st ed. 2021): Sergio della Valle Paradigms of Social Order - From Holism to Pluralism and Beyond (Hardcover, 1st ed. 2021)
Sergio della Valle
R3,386 Discovery Miles 33 860 Ships in 18 - 22 working days

No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.

The Significance of Borders - Why Representative Government and the Rule of Law Require Nation States (Hardcover): Thierry... The Significance of Borders - Why Representative Government and the Rule of Law Require Nation States (Hardcover)
Thierry Baudet
R4,989 Discovery Miles 49 890 Ships in 18 - 22 working days

For almost three-quarters of a century, the countries of Western Europe have abandoned national sovereignty as an ideal. Nation states are being dismantled: by supranationalism from above, by multiculturalism from below. This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.

The International Legal Order in Global Governance - Norms, Power and Policy (Hardcover, 1st ed. 2022): Alain Germeaux The International Legal Order in Global Governance - Norms, Power and Policy (Hardcover, 1st ed. 2022)
Alain Germeaux
R2,940 Discovery Miles 29 400 Ships in 18 - 22 working days

The space occupied by international law in shaping political action is subject to continuing debate and controversy. This book aims to answer the question of how and why international law impacts the behaviour of actors on the international stage in the absence of central authority and faced with asymmetric power. At a time when the role of normative restraints in international relations, and international law in particular, has come under renewed questioning, it advances an analytical framework for understanding the effect of norms on behaviour that is not contingent on material restraints or a given political constellation, while being informed by the practical realities and practice of international organisation. In doing so, this book draws on an interdisciplinary range of sources, including international law, political theory, cognitive psychology and behavioural economics to explore a communicative action-based approach of how norms and ideas persuade actors to engage in a course of action consonant with international law to achieve a particular outcome. In probing the role of norms on questions such as the use of force and accountability, and issues of equity and justice, it examines the challenges international law faces and what the way forward may look like.

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection (Hardcover, 1st ed. 2022): Ewa Salkiewicz-Munnerlyn Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection (Hardcover, 1st ed. 2022)
Ewa Salkiewicz-Munnerlyn
R3,100 Discovery Miles 31 000 Ships in 18 - 22 working days

This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Salkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d'affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.

Responsibility of International Organizations - Essays in Memory of Sir Ian Brownlie (Hardcover, XLVI, 470 Pp. ed.): Maurizio... Responsibility of International Organizations - Essays in Memory of Sir Ian Brownlie (Hardcover, XLVI, 470 Pp. ed.)
Maurizio Ragazzi
R6,861 Discovery Miles 68 610 Ships in 18 - 22 working days

Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.

A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU - How to Trust the Commission (Hardcover, 1st ed.... A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU - How to Trust the Commission (Hardcover, 1st ed. 2020)
R. Eljalill Tauschinsky
R3,121 Discovery Miles 31 210 Ships in 18 - 22 working days

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission's powers to adopt these important acts relates to subjects' democratic rights. Accordingly, the book explores the question of how the Commission's powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships - loyalty - can be included in the rule-making process.

Space Fostering Latin American Societies - Developing the Latin American Continent Through Space, Part 3 (Hardcover, 1st ed.... Space Fostering Latin American Societies - Developing the Latin American Continent Through Space, Part 3 (Hardcover, 1st ed. 2022)
Annette Froehlich
R3,654 Discovery Miles 36 540 Ships in 10 - 15 working days

This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfill its developmental aspirations. Following on from the highly acclaimed Part 1 and Part 2, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent's social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America's people out of poverty, there is still much that needs to be done to fulfill the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavor to serve Latin America's goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.

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