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Books > Law > International law > Settlement of international disputes > International courts & procedures

Alleged violations of sovereign rights and maritime spaces in the Caribbean Sea - (Nicaragua v. Colombia), order of 4 December... Alleged violations of sovereign rights and maritime spaces in the Caribbean Sea - (Nicaragua v. Colombia), order of 4 December 2018 (Paperback)
International Court of Justice
R130 Discovery Miles 1 300 Ships in 10 - 15 working days

Opposite pages bear duplicate numbering

The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome... The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Hardcover, 1st ed. 2018)
Sarah Babaian
R3,114 Discovery Miles 31 140 Ships in 18 - 22 working days

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Permanent Court of International Justice, Judgments, Orders and Advisory Opinions - Volume 8, 1932 (Reprint) (Hardcover):... Permanent Court of International Justice, Judgments, Orders and Advisory Opinions - Volume 8, 1932 (Reprint) (Hardcover)
International Court of Justice
R1,533 Discovery Miles 15 330 Ships in 10 - 15 working days

Any legal library would be incomplete without the entire set of this historical reprint. The 15 bound volumes of the judgments, orders and advisory opinions of the PCIJ include the collections of judgments from 1923-1930 (Series A) and advisory opinions from 1923-1930 (Series B), and the collections of judgments, orders and advisory opinions from 1931-1940 (Series A/B). Volume 8 contains advisory opinions in the following cases: Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory, Interpretation of the Greco-Bulgarian Agreement of 9 December 1927 and Interpretation of the Convention of 1919 concerning Employment of Women during the Night; judgments in: Free Zones of Upper Savoy and the District of Gex and Interpretation of the Statute of the Memel Territory; and orders in: Interpretation of the Statute of the Memel Territory and Legal Status of the South-Eastern Territory of Greenland.

Transforming International Criminal Justice (Hardcover): Mark Findlay, Ralph Henham Transforming International Criminal Justice (Hardcover)
Mark Findlay, Ralph Henham
R4,529 Discovery Miles 45 290 Ships in 10 - 15 working days

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

States of Justice - The Politics of the International Criminal Court (Paperback): Oumar Ba States of Justice - The Politics of the International Criminal Court (Paperback)
Oumar Ba
R668 Discovery Miles 6 680 Ships in 10 - 15 working days

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Redfern and Hunter on International Arbitration (Hardcover, 6th Revised edition): Nigel Blackaby, Constantine Partasides, Alan... Redfern and Hunter on International Arbitration (Hardcover, 6th Revised edition)
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
R8,737 Discovery Miles 87 370 Ships in 10 - 15 working days

This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

Alleged violations of the 1995 Treaty of Amity, economic relations, and consular rights - (Islamic Republic of Iran v. United... Alleged violations of the 1995 Treaty of Amity, economic relations, and consular rights - (Islamic Republic of Iran v. United States of America), order of 10 October 2018 (Paperback)
International Court of Justice
R130 Discovery Miles 1 300 Ships in 10 - 15 working days

Opposite pages bear duplicate numbering

The Fuller Court - Justices, Rulings, and Legacy (Hardcover, New): James W. Ely The Fuller Court - Justices, Rulings, and Legacy (Hardcover, New)
James W. Ely
R2,070 Discovery Miles 20 700 Ships in 10 - 15 working days

A fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller. The Fuller Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the twenty-two year reign of Chief Justice Melville W. Fuller. An exploration of key Court decisions-ranging from railroad rate regulation and the Due Process Clause to the 1894 income tax-reveals how the Court assigned a high priority to individual liberty, which it defined largely in economic terms. A revealing discussion of the Commerce Clause and the Interstate Commerce Commission shows how the Fuller Court both limited and accepted some expansion of federal authority. Profiles of the nineteen justices who served on the Fuller Court place a special emphasis on those who made the most significant impact, including John Marshall Harlan, Samuel F. Miller, and Oliver Wendell Holmes, Jr. Places the work of the Fuller Court in historical context and examines the economic and social changes that were transforming U.S. society at the end of the 19th century Provides an analysis of the historical impact and continuing legacy of the Fuller Court's decisions in the areas of federalism, protection of liberty, and the rights of property owners

The Temporal Jurisdiction of International Tribunals (Hardcover): Nick Gallus The Temporal Jurisdiction of International Tribunals (Hardcover)
Nick Gallus
R4,950 Discovery Miles 49 500 Ships in 10 - 15 working days

The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? The Temporal Jurisdiction of International Tribunals examines these questions in depth. Despite its importance, the temporal jurisdiction of international tribunals is not well understood. Tribunals often confuse different aspects of their jurisdiction and refuse to hear cases they should have heard, or agree to hear cases they should not. This book reduces this confusion by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits. The book examines the temporal limits resulting from (i) the entry into force of the obligation supposedly breached, (ii) the acceptance of the tribunal's jurisdiction, and (iii) from the period of limitation, as well as the effect of acts that occurred before these limits. Throughout the book, the author comprehensively compares decisions from a wide variety of sources, including the International Court of Justice, Human Rights Courts, World Trade Organization panels, and investment treaty tribunals. It comments on decisions that arose from some of the most notorious events of the twentieth century, including the "Katyn Massacre" of the Second World War, the 1994 Rwandan genocide, and the "forced disappearance" of American political opponents. It reviews these decisions and identifies common principles that help define the temporal jurisdiction of tribunals to decide breaches of international law. This book is essential for anyone practicing in international law, and anyone building a case that could be affected by temporal jurisdiction.

Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace... Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace (Hardcover)
Mark Kersten
R2,912 Discovery Miles 29 120 Ships in 10 - 15 working days

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Treatise on International Criminal Law - Volume III: International Criminal Procedure (Hardcover): Kai Ambos Treatise on International Criminal Law - Volume III: International Criminal Procedure (Hardcover)
Kai Ambos
R7,322 Discovery Miles 73 220 Ships in 10 - 15 working days

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

An Ever More Powerful Court? - The Political Constraints of Legal Integration in the European Union (Hardcover): Dorte... An Ever More Powerful Court? - The Political Constraints of Legal Integration in the European Union (Hardcover)
Dorte Sindbjerg Martinsen
R3,580 Discovery Miles 35 800 Ships in 10 - 15 working days

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

National Identity in EU Law (Hardcover): Elke Cloots National Identity in EU Law (Hardcover)
Elke Cloots
R4,226 Discovery Miles 42 260 Ships in 10 - 15 working days

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

Human Rights - Between Idealism and Realism (Hardcover, 3rd Revised edition): Christian Tomuschat Human Rights - Between Idealism and Realism (Hardcover, 3rd Revised edition)
Christian Tomuschat
R4,805 Discovery Miles 48 050 Ships in 10 - 15 working days

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

The Evolutionary Interpretation of Treaties (Hardcover): Eirik Bjorge The Evolutionary Interpretation of Treaties (Hardcover)
Eirik Bjorge
R3,434 Discovery Miles 34 340 Ships in 10 - 15 working days

If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Nuclear Weapons and International Law - From the London Nuclear Warfare Tribunal via the International Court of Justice... Nuclear Weapons and International Law - From the London Nuclear Warfare Tribunal via the International Court of Justice Advisory Opinion to Contemporary Developments (Hardcover, 2nd New edition)
Geoffrey Darnton
R981 Discovery Miles 9 810 Ships in 10 - 15 working days
Politics and the Emergence of an Activist International Court of Justice (Hardcover, New): Thomas J. Bodie Politics and the Emergence of an Activist International Court of Justice (Hardcover, New)
Thomas J. Bodie
R2,042 Discovery Miles 20 420 Ships in 10 - 15 working days

The extent to which law circumscribes the activities of states is an old dilemma in international law. The traditional position of the states has been that some areas of international relations are not susceptible to legal resolution. This arises from a desire to protect as much sovereignty as possible. Opposed to this is the position which suggests that there are no issues to which international law does not speak. At stake is the usefulness of international adjudication.

This book addresses this political/legal dichotomy through doctrinal study and case law. The considerations of previous scholars, as well as state practice and the opinions of various international courts are all included. The author finds that although scholarly opinion and state practice incline toward a more realist position that recognizes the imperatives of state sovereignty, the International Court of Justice has never turned away a case due to the political sensitivities of the subject matter or of the disputants. The Court has quietly set a jurisprudence for the international community that is more idealistic than realistic.

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.

Caribbean Integration Law (Hardcover): David S. Berry Caribbean Integration Law (Hardcover)
David S. Berry
R4,520 Discovery Miles 45 200 Ships in 10 - 15 working days

Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.

Slobodan Milosevic on Trial - A Companion (Hardcover): Michael Scharf, Bill Schabas Slobodan Milosevic on Trial - A Companion (Hardcover)
Michael Scharf, Bill Schabas
R1,237 R1,171 Discovery Miles 11 710 Save R66 (5%) Ships in 18 - 22 working days

From 1991 to 1999, Slobodan Milosevic launched and ultimately lost four Balkan wars, resulting in the deaths of hundreds of thousands and the displacement of millions. He saw himself as a modern day Abe Lincoln, employing force in a valiant effort to hold his crumbling Yugoslavia together. But the ruthless Serb leader's tactics included systematic war crimes and ethnic cleansing, ultimately prompting the U. S. and its NATO allies to launch a controversial military intervention in the spring of 1999 to halt the bloodshed.Now Milosevic is on trial in The Hague before the United Nations-created International War Crimes Tribunal. He is the first former head of state ever to face international justice. The televised trial of Slobodan Milosevic is expected to last for two years and could well prove to be the most watched criminal proceedings since the trial of O. J. Simpson.There is much the public will want to know about this historic and complex trial. Written in a lively, journalistic style by two of the leading experts on the International War Crimes Tribunal, Slobodan Milosevic on Trial: A Companion is designed to inform the reader about what to watch for, who the players are, what the rules are, who has won in the past, and who is likely to win this time. Complete with maps, photos, and a glossary of legal terms, this comprehensive guide to the Milosevic trial will help the public understand the important and complex proceedings taking place in The Hague.

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.)

Informal International Lawmaking (Hardcover): Joost Pauwelyn, Ramses Wessel, Jan Wouters Informal International Lawmaking (Hardcover)
Joost Pauwelyn, Ramses Wessel, Jan Wouters
R4,952 Discovery Miles 49 520 Ships in 10 - 15 working days

Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.

Consent in International Arbitration (Hardcover, New): Andrea M. Steingruber Consent in International Arbitration (Hardcover, New)
Andrea M. Steingruber
R9,095 Discovery Miles 90 950 Ships in 10 - 15 working days

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Realizing Utopia - The Future of International Law (Hardcover, New): Antonio Cassese Realizing Utopia - The Future of International Law (Hardcover, New)
Antonio Cassese
R4,402 Discovery Miles 44 020 Ships in 10 - 15 working days

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

International Courts and Tribunals (Hardcover): William A. Schabas International Courts and Tribunals (Hardcover)
William A. Schabas
R14,384 Discovery Miles 143 840 Ships in 10 - 15 working days

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.With an original introduction by Professor Schabas, this important volume will be of interest to students, academics and professionals with an interest in international courts and tribunals. 31 articles, dating from 1935 to 2012 Contributors include: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. Viljoen

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