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Books > Law > International law

Econo-Legal Studies - Thinking Through the Lenses of Economics and Law (Hardcover, 1st ed. 2021): Takashi Yanagawa, Hiroshi... Econo-Legal Studies - Thinking Through the Lenses of Economics and Law (Hardcover, 1st ed. 2021)
Takashi Yanagawa, Hiroshi Takahashi, Shinya Ouchi
R1,674 Discovery Miles 16 740 Ships in 10 - 15 working days

This book is the first attempt to establish a collaborative and interdisciplinary field of economics and legal studies. It is designed to help readers - advanced undergraduate and graduate students, but also fellow scholars who are interested in interdisciplinarity - to think through the dual lenses of economics and law. "Econo-Legal Studies," as we call it, is an economics that pays greater attention to the perspective and heritage of legal studies, and at the same time legal studies that fully utilize the views and methods of economics - while "law and economics" is just a one-way economic approach to law focusing on the effects of the latter on efficiency. The aim of this book is to encourage readers to think like economists and, at the same time, legal scholars as they analyze complex real-world issues. It presents stimulating discussions on the intersection of law and economics, the differences and unexpected similarities between the two perspectives, and the new insights to be gained when approaching a problem from both angles. For this purpose, the extensive corpus of knowledge produced within the framework of the Econo-Legal Studies interdisciplinary program at Kobe University can be capitalized on. Basic knowledge of both economics and law is also included in this volume, making it an engaging read for beginners in both fields as well.

Global Society in Transition - An International Politics Reader (Hardcover): Daniel N. Nelson, Laura J. Neack Global Society in Transition - An International Politics Reader (Hardcover)
Daniel N. Nelson, Laura J. Neack
R8,315 Discovery Miles 83 150 Ships in 10 - 15 working days

"International Politics: A Journal of Transnational Issues and Global Problems" (a Kluwer scholarly quarterly) has, since 1997, published an array of analyses about the world's political metamorphosis. Featuring scholarship that transcends boundaries of states and disciplines, "International Politics" editors and contributors have joined to assemble, from the journal's last few volumes, a far-reaching portrait of actors, identities, norms and institutions that populate a stage once confined to states, power and national interests. Further, interventions to build states, make or keep the peace, impose sanctions or save currencies are examined, as are the institutional enlargements at the forefront of policy in Europe. "Global Society in Transition" offers a variety of policy-relevant scholarship about a world-in-making - not yet detached from Cold War or even Westphalian roots, but certainly in the process of moving towards a qualitatively different global system. Published after rigorous peer review, the chapters in this book should provide comparative politics, international relations and world affairs courses at undergraduate and graduate level with access to contemporary research and innovative thinking in these fields.

At the Origins of  Modernity - Francisco de Vitoria and the Discovery of International Law (Hardcover, 1st ed. 2017): Jose... At the Origins of Modernity - Francisco de Vitoria and the Discovery of International Law (Hardcover, 1st ed. 2017)
Jose Maria Beneyto, Justo Corti Varela
R4,899 Discovery Miles 48 990 Ships in 12 - 19 working days

This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as "modern" or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the "Other" and the legitimation of military interventions. All these subjects include Vitoria's contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria's texts, in the context of "modern" problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria's reflections for contemporary issues of international law.

Hungarian Yearbook of International Law and European Law 2019 (Hardcover): Marcel Szabo, Laura Gyeney, Petra Lea Lancos Hungarian Yearbook of International Law and European Law 2019 (Hardcover)
Marcel Szabo, Laura Gyeney, Petra Lea Lancos
R5,982 Discovery Miles 59 820 Ships in 12 - 19 working days

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mostly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic part of the volume centers around the issues of environmental protection on the national, European and international level. The Yearbook also contains numerous articles on Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary.

Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Hardcover, New): Andrew Goldsmith, James... Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Hardcover, New)
Andrew Goldsmith, James Sheptycki
R3,402 Discovery Miles 34 020 Ships in 12 - 19 working days

The book examines the phenomenon of crafting transnational policing. By this term is meant the different forms of engagement in policing reform by international donors, national governments, foreign police and law enforcement agencies in the domestic policing agencies and programs of recipient countries. It includes, inter alia, peace-keeping in post-conflict situations, reconstruction and capacity-building as part of nation- or state-building exercises, and the provision of technical assistance in relation to certain aspects of law enforcement. In each instance, there is a cross-border provision of resources with a view to shaping the kind of policing provided in recipient nations. Why do some countries engage in these activities? Why has policing become a preferred form of foreign policy engagement in some countries? What forms of policing development are provided? How are they delivered? And how are they received? How should these kinds of assistance and/or interventions be conducted in future? In this regard, is there a non-negotiable 'core' of good policing that needs to be developed and nurtured as an integral part of all defensible transnational policing engagements? These are some of the questions raised by the contributions to this book. The book arises primarily from papers presented at a workshop held in Onati, Spain in July 2004 on the emergence of a global constabulary ethic. The book has also been supplemented by two solicited chapters.

Governing the Nile River Basin - The Search for a New Legal Regime (Paperback): Mwangi Kimenyi, John Mbaku Governing the Nile River Basin - The Search for a New Legal Regime (Paperback)
Mwangi Kimenyi, John Mbaku
R904 Discovery Miles 9 040 Ships in 12 - 19 working days

The effective and efficient management of water is a major problem, not just for economic growth and development in the Nile River basin, but also for the peaceful coexistence of the millions of people who live in the region. Of critical importance to the people of this part of Africa is the reasonable, equitable and sustainable management of the waters of the Nile River and its tributaries. Written by scholars trained in economics and law, and with significant experience in African political economy, this book explores new ways to deal with conflict over the allocation of the waters of the Nile River and its tributaries. The monograph provides policymakers in the Nile River riparian states and other stakeholders with practical and effective policy options for dealing with what has become a very contentious problem - the effective management of the waters of the Nile River. The analysis is quite rigorous but also extremely accessible.

The Elgar Companion to the International Court of Justice (Paperback): Robert Kolb The Elgar Companion to the International Court of Justice (Paperback)
Robert Kolb
R1,455 Discovery Miles 14 550 Ships in 12 - 19 working days

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges. Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations. Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index

The Space Treaties at Crossroads - Considerations de Lege Ferenda (Hardcover, 1st ed. 2019): George D. Kyriakopoulos, Maria... The Space Treaties at Crossroads - Considerations de Lege Ferenda (Hardcover, 1st ed. 2019)
George D. Kyriakopoulos, Maria Manoli
R5,093 Discovery Miles 50 930 Ships in 10 - 15 working days

This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at "The Space Treaties at Crossroads: Considerations de lege ferenda," held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

Ethiopian Yearbook of International Law 2016 (Hardcover, 1st ed. 2017): Zeray Yihdego, Melaku Geboye Desta, Fikremarkos Merso Ethiopian Yearbook of International Law 2016 (Hardcover, 1st ed. 2017)
Zeray Yihdego, Melaku Geboye Desta, Fikremarkos Merso
R3,549 Discovery Miles 35 490 Ships in 12 - 19 working days

This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa - and Ethiopia - specifically. It argues that rebalancing the international law narrative to reflect Africa's legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ's West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.

Poverty and the Law (Hardcover): Peter Robson, Asbjorn Kjonstad Poverty and the Law (Hardcover)
Peter Robson, Asbjorn Kjonstad
R4,237 Discovery Miles 42 370 Ships in 12 - 19 working days

This collection of essays focuses attention on the global impact of legal policies on levels of poverty. They illustrate the distinct dimensions of poverty in a range of different political and cultural settings and also show how poverty is exacerbated by quite discrete local cultural factors in some instances. There is,nonetheless a universal element which runs through all the contributions. The fate of those who are disadvantaged in society depends crucially on their access to goods through the world of work. Thus gender, ethnic background or disability can result in individuals having a much higher chance of experiencing poverty than those outwith these groups and the success of these groups in achieving a measure of prosperity is bound up with a multiplicity of geographical and political factors. This book is part of the Onati International Series in Law and Society.

The Power to Protect - Trade, Health and Uncertainty in the WTO (Hardcover, New): Catherine Button The Power to Protect - Trade, Health and Uncertainty in the WTO (Hardcover, New)
Catherine Button
R3,557 Discovery Miles 35 570 Ships in 12 - 19 working days

This book examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analysing the tension between health protection and trade liberalisation, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identifying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment. Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state's health regulations are reviewed by the WTO. The origins of the WTO's 'objective assessment' standard of review are explained, but the standard itself is criticised. Options for developing the standard of review are considered, with a 'reasonable regulator' standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.

An Assessment Framework for Compliance with International Space Law and Norms - Promoting Equitable Access and Use of Space for... An Assessment Framework for Compliance with International Space Law and Norms - Promoting Equitable Access and Use of Space for Emerging Actors (Hardcover, 1st ed. 2020)
David Lindgren
R5,262 Discovery Miles 52 620 Ships in 12 - 19 working days

This book proposes a framework for assessing countries' levels of compliance with international space law and norms. It begins by exploring the development of two movements - the evidence-based policymaking and programming movement, and the rise of ratings and rankings research - and their growth across various disciplines. The analysis suggests that such efforts are useful in gauging the behavior of countries in space according to how well they adhere to existing space law and norms. To date, there is no comprehensive, periodic, and systematic measure of countries' efforts to comply with space law and norms; this work endeavors to fill that gap by offering a framework in which to assess compliance. Applying the framework results in five possible ratings that a country may be assigned, ranging from highly compliant to non-compliant. Ideally, the proposed framework can be used to promote compliance, and with it, space security and sustainability.

Borderlands Under Stress (Hardcover): Martin Pratt, Janet Allison Brown Borderlands Under Stress (Hardcover)
Martin Pratt, Janet Allison Brown
R9,338 Discovery Miles 93 380 Ships in 10 - 15 working days

As international political and economic relations have become increasingly complex, so have the pressures on international boundaries and the borderlands which surround them. Although there are still many examples of "traditional" boundary problems associated with disputes between states concerning control over territory and maritime space, the papers in this volume demonstrate the vulnerability of borderlands to other forces, most notably illegal immigration and cross-border crime. This study aims to investigate the causes and implications of borderland stress. The first section explores changing concepts of sovereignty and their impact on the meaning and functions of international boundaries. The contributions in the second and third sections offer a combination of regional appraisals and individual case studies highlighting the range of problems affecting borderlands around the world, together with an assessment of some of the initiatives launched in response to those problems. While many of the conclusions drawn are rather sobering, it is clear that in some parts of the world new and imaginative approaches to territorial organization and management are helping to create safer, more dynamic and more prosperous borderlands. The papers in this volume represent the proceedings of the fifth International Conference of the International Boundaries Research Unit, held at the University of Durham on 15-17 July 1998.

The Austrade Story - Export and Investment Facilitation Under the Microscope (Hardcover): Bruno Mascitelli The Austrade Story - Export and Investment Facilitation Under the Microscope (Hardcover)
Bruno Mascitelli
R1,068 Discovery Miles 10 680 Ships in 12 - 19 working days
Guide to Dispute Settlement (Hardcover): Peter Gallagher Guide to Dispute Settlement (Hardcover)
Peter Gallagher
R2,833 Discovery Miles 28 330 Ships in 10 - 15 working days

As the ultimate arbiter in the global trade regime, the dispute settlement system of the World Trade Organization (WTO) is a body whose workings should be known to business people and their counsel everywhere. Here is a book - reviewed for accuracy by the WTO but written independently - that provides an uncomplicated but thorough explanation of the system, its purpose, its rules, and the role it plays in the management of the international economy. Peter Gallagher, a former trade negotiator and a specialist in the Uruguay Round agreements, answers such questions as: what sort of disputes does the WTO deal with?; can business or citizens use the WTO dispute system?; is it possible to get a temporary injunction to stop some action?; how much does it cost a to bring a case?; how far can you keep on appealing a decision?; what processes does a Panel follow?; what does the Appellate Body review?; what process does the Appellate Body follow?; how does intervention by other parties affect a dispute? As a handy guide to "bringing a case" before the WTO, or responding to a case already in progress, this easy-to-use book should prove an ideal starting point for lawyers, business people, or government officials confronted with a disputable trade issue.

Lockerbie - The Story and the Lessons (Hardcover, New): Rodney Wallis Lockerbie - The Story and the Lessons (Hardcover, New)
Rodney Wallis
R2,490 Discovery Miles 24 900 Ships in 10 - 15 working days

The explosion of Pan Am Flight 103 over Lockerbie, Scotland, in December 1988, should never have happened. Wallis, who has extensive, direct, personal knowledge of aviation security matters gained from his position at the crossroads of security information and the industry's endeavors to combat aviation terrorism, had warned the industry one year before the bombing that the interline element of baggage represented the prime opportunity for terrorist activity and had urged the adoption of passenger and baggage matching, a system that he had helped to develop. Mandated by the FAA for use at high risk airports, it was the feature missing from Pan AM's activity at Frankfort, an omission so cruelly exploited by the bombers. Wallis argues that the priority given by governments to technological solutions to the continuing terrorist threat puts the flying public at unnecessary risk every day.

This volume brings together all of the facts surrounding the sabotage of Flight 103, including the investigation and the civil litigation in which so much of the story unfolded for the first time. It uncovers the fundamental weaknesses in Pan AM's communication and management policies. Wallis supports the policy that politics are politics and explores the possibility that U.S. and U.K. policy towards a neutral trial for the two Libyans indicted for the bombing, which may have been affected by the wider scenario of Middle East politics rather than simple justice for the victims of Lockerbie. Although the tragedy has led to improvements in defense technology for use against acts of aviation sabotage, these methods have yet to be applied universally.

On the Origin, Nature, Progress and Influence of Consular Establishments (Hardcover, Revised ed.): David Bailie Warden, D.B.... On the Origin, Nature, Progress and Influence of Consular Establishments (Hardcover, Revised ed.)
David Bailie Warden, D.B. Warden; Introduction by William E. Butler
R824 Discovery Miles 8 240 Ships in 12 - 19 working days

The First English-Language Treatise on Consular Law. Warden's was the first English-language treatise on consular law and one of the earliest workson the subject. Both a descriptive and prescriptive work, it outlines the ideal qualities of a consul, his role in diplomatic relations and legal status and a review of consular treaties in force at the time. Highly regarded in its day, it was translated into French, the language of nineteenth-century diplomacy, and circulated widely among diplomatic circles. A scarce work today, our edition is enhanced by Professor Butler's extensive introduction, which examines the historical context of this book and the life of its author. David Bailie Warden 1772-1845], an Irish-born American diplomat, was distinguished for his scientific attainments and varied learning. A member of the French Academy and other prestigious learned societies, he was secretary of the United States Legation to France, agent of prize causes, and for many years the United States consul in Paris. "Consular law, it is widely believed, is among the most venerable of the institutes of the law of nations and an early example, in State practice and doctrinal form, of the comparative investigation and analysis of State practice in the form of treaties, national legislation, and judicial application."--William E. Butler, iv

Government Procurement in the WTO (Hardcover): Sue Arrowsmith Government Procurement in the WTO (Hardcover)
Sue Arrowsmith
R9,878 Discovery Miles 98 780 Ships in 10 - 15 working days

In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The "plurilateral" WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity - more than 10 per cent of gross domestic product in most countries. This study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade; the institutional structure for dealing with government procurement in the GATT/WTO system; the impact of relevant WTO law on national legal systems; the types of contracts and entities covered in the Agreement on Government Procurement; how the National Treatment principle and the Most Favored Nation obligation affect government procurement; rules of WTO contract award procedure and the controversy over their interpretation and revision; the free trade versus social and environmental issues question in the context of government procurement; and the monitoring and enforcement of WTO procurement rules. Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments.

The Concept of Mens Rea in International Criminal Law - The Case for a Unified Approach (Hardcover, New): Mohamed Elewa Badar The Concept of Mens Rea in International Criminal Law - The Case for a Unified Approach (Hardcover, New)
Mohamed Elewa Badar
R5,641 Discovery Miles 56 410 Ships in 12 - 19 working days

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux preparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Allocation of Liability for Dangerous Goods under International Trade Law - CIF and FOB Contracts (Hardcover): Ahmet Gelgec Allocation of Liability for Dangerous Goods under International Trade Law - CIF and FOB Contracts (Hardcover)
Ahmet Gelgec
R3,207 Discovery Miles 32 070 Ships in 12 - 19 working days

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis-declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

The Development of Human Rights Law by the Judges of the International Court of Justice (Hardcover, New): Shiv R. S. Bedi The Development of Human Rights Law by the Judges of the International Court of Justice (Hardcover, New)
Shiv R. S. Bedi
R4,954 Discovery Miles 49 540 Ships in 12 - 19 working days

The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.

Advanced Introduction to International Environmental Law (Hardcover): Ellen Hey Advanced Introduction to International Environmental Law (Hardcover)
Ellen Hey
R2,864 Discovery Miles 28 640 Ships in 12 - 19 working days

All too often, international environmental law is presented as a kind of guided tour of different treaties and environmental problems. Professor Hey succeeds beautifully in articulating the themes that connect all of these disparate areas, an effort that both students and scholars will appreciate.' - Daniel Farber, University of California, Berkeley, US'This volume presents a superb overview of international environmental law by a long-time observer. Ellen Hey shares her deep insight into the historical, environmental, technical and policy context of the law, and introduces the reader to regulatory techniques and choices, the main legal tools at actors' disposal, and the key developments in the field. The result is an accessible, yet sophisticated introduction to the evolution of the field, and its expanding modes of action and range of participants.' - Jutta Brunee, University of Toronto, Canada 'This is a significant contribution from a leading figure in the field. Of particular note is the effort to embed international environmental law in its broader context, not only through the detailed analysis of its foundational principles or of its deep interactions with other fields of international law but, more generally, through the overarching theme of the Anthropocene. It is to be thoroughly recommended.' - Jorge E. Vinuales, University of Cambridge, UK Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: - Concise and compact overview - Discusses contemporary developments - Examines IEL's relationship to other areas of international law - Considers the social-economic context.

A Global Law of Jurisdiction and Judgement: Lessons from Hague - Lessons from Hague (Hardcover): John J. Barcelo III, Kevin M... A Global Law of Jurisdiction and Judgement: Lessons from Hague - Lessons from Hague (Hardcover)
John J. Barcelo III, Kevin M Clermont
R7,079 Discovery Miles 70 790 Ships in 10 - 15 working days

The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium "A Global Law of Jurisdiction and Judgments: Lessons from The Hague," held in July 2000 at the Centre Pantheon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law. Part I focuses on the jurisdiction provisions of the 1999 Draft Convention. For the most part, the papers in Part II look to the future, though they also deal briefly with the judgments provisions of the 1999 Draft. One paper takes up changes in European Union law that will significantly affect future negotiations concerning the Draft Convention. The other two offer analyses of the major hurdles blocking the way to a successful convention and proposals for vaulting those hurdles. At the beginning of each of the two Parts a brief commentary on the papers presented in each Part is also included. The papers analyze the jurisdiction provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and shed light on many of the basic difficulties that must be resolved if a global law of jurisdiction is to be achieved. In a second part of this book, another set of papers discuss the less controversial judgments provisions of the Draft Convention, as they also look to the future of these critical international negotiations. As work on The Hague Jurisdiction and Judgments Convention continues, these papers will serve as a major reference point. The papers will also form a part of the historical background and commentary on what may become before long aglobal law of jurisdiction and judgments. Revised for this volume, the papers remain up-to-date, yielding a volume that is fundamentally forward-looking with commentary on and overview of the papers presented in each part. The benefits of this publication include critical analyses of The Hague Jurisdiction and Judgments Draft Convention by authors and editors with great expertise and reputation. This volume provides critical analyses of the Draft Convention and should appeal to any private international specialist.

Quality of Work and Employee Involvement in Europe (Hardcover): Marco Biagi Quality of Work and Employee Involvement in Europe (Hardcover)
Marco Biagi
R5,374 Discovery Miles 53 740 Ships in 10 - 15 working days

The 18 essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002. The trend toward ever greater employee involvement in managerial decision-making has been growing in Europe for over a decade, to a significant extent as a result of Biagi's work. From the start, he clearly discerned that the key to quality of work was worker participation. This book stands not merely as a homage, but as evidence that Biagi's assassination will not affect the progress he was making. In what amounts to an integrated series of recommendations for further European legislation on workers' participation in industrial relations, the authors analyse and evaluate the following: experience gained from implementation of the European Works Council Directive and the European Company Statute Directive; implications of the new Directive on Information/Consultation in National Undertakings and of the European Forum on the Financial Participation of Workers; and experience in a variety of national contexts, including those of Japan, Italy, France, Belgium, the United Kingdom, Germany, Russia, Poland and Slovenia. In the final analysis, employee involvement - when it is a genuine commitment on the part of all stakeholders - is seen as a sharing of cultural values that successfully reconciles efficiency and social justice. Those who believe this is a goal worth achieving, for reasons both economic and social, will recognize in this book a valuable contribution.

Legal Issues of Renewable Energy in the Asia Region - Recent Developments in a Post-Fukushima and Post-Kyoto Protocol Era... Legal Issues of Renewable Energy in the Asia Region - Recent Developments in a Post-Fukushima and Post-Kyoto Protocol Era (Hardcover)
Anton Ming-Zhi Gao, Chien Te Fan
R6,395 Discovery Miles 63 950 Ships in 10 - 15 working days

This important volume gathers contributions from sixteen legal academics, practitioners, and business persons to clearly lay out, in great detail, both what is being done and what can be done in seven East Asian countries (plus a cluster of Eurasian countries including Turkey and ten former Soviet republics or Soviet bloc countries) to facilitate the deployment of renewable electricity technology. The original drafts of the articles were presented and discussed at the first International Joint Conference on Changing Energy Law and Policy in the Asia Region in October 2013 at the National Tsing Hua University, Taiwan. Among the topics and issues raised for each country (as applicable) are the following: − renewable electricity-related policies and legal measures; − implementation and effects of existing renewable electricity-related schemes; − current situation of renewable electricity facilities; − legal and other barriers to renewable electricity development; − purchase prices, periods, surcharge adjustments, and other cost and pricing issues; − grid connection; − grid usage and expansion rules; and − relevant institutions and ministries. An especially useful feature of the book is its evaluation of how each regime transforms one or more of the three key globally widely used market deployment schemes - feed-in tariff (FIT), tendering, and renewable portfolio standard (RPS) - to fit its particular situation. A wealth of highly informative graphs, charts, and tables greatly enhance the presentation.

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