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Two major factors brought about the establishment of the
Netherlands Yearbook of International Law in 1970: demand for the
publication of national practice in international law, and the
desirability for legal practitioners, state representatives and
international lawyers to have access to the growing amount of
available data, in the form of articles, notes etc. The
documentation section of the NYIL contains an extensive review of
Dutch state practice from the parliamentary year prior to
publication, an account of developments relating to treaties and
other international agreements to which the Netherlands is a party,
summaries of Netherlands judicial decisions involving questions of
public international law (many of which are not published
elsewhere), lists of Dutch publications in the field and extracts
from relevant municipal legislation. Although the NYIL has a
distinctive national character, it is published in English and the
editors do not adhere to any geographical limitations when deciding
upon the inclusion of articles.
In recent decades there has been a considerable growth in the
activities of international tribunals and the establishment of new
tribunals. Furthermore, supervisory bodies established to control
compliance with treaty obligations have adopted decisions in an
increasing number of cases. National courts further add to the
practice of adjudication of claims based on international law.
While this increasing practice of courts and supervisory bodies
strengthens the adjudicatory process in international law, it also
poses challenges to the unity of international law. Most of these
courts operate within their own special regime (functional,
regional, or national) and will primarily interpret and apply
international law within the framework of that particular regime.
The role of domestic courts poses special challenges, as the powers
of such courts to give effect to international law, as well as
their actual practice in applying such law, largely will be
determined by national law. At the same time, both international
and national courts have recognised that they do not operate in
isolation from the larger international legal system, and have
found various ways to counteract the process of fragmentation that
may result from their jurisdictional limitations. This book
explores how international and national courts can, and do,
mitigate fragmentation of international law. It contains case
studies from international regimes (including the WTO, the IMF,
investment arbitration and the ECtHR) and from various national
jurisdictions (including Japan, Norway, Switzerland and the UK),
providing a basis for conclusions to be drawn in the final chapter.
This book aims to enhance understanding of the interactions between
the international and national rule of law. It demonstrates that
the international rule of law is not merely about ensuring national
compliance with international law. International law and
institutions (eg, international human rights treaty-monitoring
bodies and human rights courts) respond to national contestations
and show deference to the national rule of law. While this might
come at the expense of the certainty of international law, it
suggests that the international rule of law can allow for
flexibility, national diversity and pluralism. The essays in this
volume are set against the background of increasing conflict
between international and national legal norms. Moreover the book
shows that international law and institutions do not always command
blind national obedience to international law, but incorporate a
process of adjustment and deference to national law and policies
that are protected by the rule of law at the national level.
In recent decades there has been a considerable growth in the
activities of international tribunals and the establishment of new
tribunals. Furthermore, supervisory bodies established to control
compliance with treaty obligations have adopted decisions in an
increasing number of cases. National courts further add to the
practice of adjudication of claims based on international law.
While this increasing practice of courts and supervisory bodies
strengthens the adjudicatory process in international law, it also
poses challenges to the unity of international law. Most of these
courts operate within their own special regime (functional,
regional, or national) and will primarily interpret and apply
international law within the framework of that particular regime.
The role of domestic courts poses special challenges, as the powers
of such courts to give effect to international law, as well as
their actual practice in applying such law, largely will be
determined by national law. At the same time, both international
and national courts have recognised that they do not operate in
isolation from the larger international legal system, and have
found various ways to counteract the process of fragmentation that
may result from their jurisdictional limitations. This book
explores how international and national courts can, and do,
mitigate fragmentation of international law. It contains case
studies from international regimes (including the WTO, the IMF,
investment arbitration and the ECtHR) and from various national
jurisdictions (including Japan, Norway, Switzerland and the UK),
providing a basis for conclusions to be drawn in the final chapter.
This work offers a multidisciplinary approach to legal and policy
instruments used to prevent and remedy global environmental
challenges. It provides a theoretical overview of a variety of
instruments, making distinctions between levels of governance
(treaties, domestic law), types of instruments (market-based
instruments, regulation, and liability rules), and between
government regulation and private or self-regulation. The book's
central focus is an examination of the use of mixes between
different types of regulatory and policy instruments and different
levels of governance, notably in climate change, marine oil
pollution, forestry, and fisheries. The authors examine how, in
practice, mixes of instruments have often been developed. This book
should be read by anyone interested in understanding how
interactions between different instruments affect the protection of
environmental resources.
The application of international law by domestic courts has gained
increasing attention in recent years. In an ever-more
interconnected world, domestic courts now make reference to
judgments by foreign courts when faced with similar or identical
legal problems involving international law. Their judgments see
increasing recognition of their pivotal role in shaping and
interpreting international law. Understanding them will be of use
for any practitioner and scholar in international law.
International Law in Domestic Courts, Oxford's online collection of
domestic court decisions which apply international law, has been
providing scholars with at-your-fingertips access to analysis and
commentary for more than a decade. First established in 2006, it
now includes over 1,700 judgments of cases involving international
law-related aspects from nearly 100 countries and continues to
expand. This Casebook is the perfect companion, presenting a
selection of the most important cases along with a commentary to
give a holistic overview of the use of international law in
national courts, and how the jurisprudence has developed
international law itself. Practitioners, students, and academics
will find this an invaluable resource when faced with the complex
questions of applying international law in domestic courts.
This work offers a multidisciplinary approach to legal and policy
instruments used to prevent and remedy global environmental
challenges. It provides a theoretical overview of a variety of
instruments, making distinctions between levels of governance
(treaties, domestic law), types of instruments (market-based
instruments, regulation, and liability rules), and between
government regulation and private or self-regulation. The book's
central focus is an examination of the use of mixes between
different types of regulatory and policy instruments and different
levels of governance, notably in climate change, marine oil
pollution, forestry, and fisheries. The authors examine how, in
practice, mixes of instruments have often been developed. This book
should be read by anyone interested in understanding how
interactions between different instruments affect the protection of
environmental resources.
This is the second book in the series Shared Responsibility in
International Law, which examines the problem of distribution of
responsibilities among multiple states and other actors. In its
work on the responsibility of states and international
organisations, the International Law Commission recognised that
attribution of acts to one actor does not exclude possible
attribution of the same act to another state or organisation.
However, it provided limited guidance for the often complex
question of how responsibility is to be distributed among
wrongdoing actors. This study fills that gap by shedding light on
principles of distribution from extra-legal perspectives. Drawing
on disciplines such as political theory, moral philosophy, and
economics, this volume enquires into the bases and justifications
for apportionment of responsibilities that can support a critique
of current international law, offers insight into the justification
of alternative interpretations, and provides inspiration for reform
and further development of international law.
International law is not merely a set of rules or processes, but is
a professional activity practised by a diversity of figures,
including scholars, judges, counsel, teachers, legal advisers and
activists. Individuals may, in different contexts, play more than
one of these roles, and the interactions between them are
illuminating of the nature of international law itself. This
collection of innovative, multidisciplinary and self-reflective
essays reveals a bilateral process whereby, on the one hand, the
professionalisation of international law informs discourses about
the law, and, on the other hand, discourses about the law inform
the professionalisation of the discipline. Intended to promote a
dialogue between practice and scholarship, this book is a must-read
for all those engaged in the profession of international law.
The Shared Responsibility in International Law series examines the
underexplored problem of allocation of responsibilities among
multiple states and other actors. The International Law Commission,
in its work on state responsibility and the responsibility of
international organisations, recognised that attribution of acts to
one state or organisation does not exclude possible attribution of
the same act to another state or organisation, but has provided
limited guidance on allocation or reparation. From the new
perspective of shared responsibility, this volume reviews the main
principles of the law of international responsibility as laid down
in the Articles on State Responsibility and the Articles on
Responsibility of International Organizations, such as attribution
of conduct, breach, circumstances precluding wrongfulness and
reparation. It explores the potential and limitations of current
international law in dealing with questions of shared
responsibility in areas such as military operations and
international environmental law.
This is the second book in the series Shared Responsibility in
International Law, which examines the problem of distribution of
responsibilities among multiple states and other actors. In its
work on the responsibility of states and international
organisations, the International Law Commission recognised that
attribution of acts to one actor does not exclude possible
attribution of the same act to another state or organisation.
However, it provided limited guidance for the often complex
question of how responsibility is to be distributed among
wrongdoing actors. This study fills that gap by shedding light on
principles of distribution from extra-legal perspectives. Drawing
on disciplines such as political theory, moral philosophy, and
economics, this volume enquires into the bases and justifications
for apportionment of responsibilities that can support a critique
of current international law, offers insight into the justification
of alternative interpretations, and provides inspiration for reform
and further development of international law.
This volume explores the various strategies, mechanisms and
processes that influence rule of law dynamics across borders and
the national/international divide, illuminating the diverse paths
of influence. It shows to what extent, and how, rule of law
dynamics have changed in recent years, especially at the
transnational and international levels of government. To explore
these interactive dynamics, the volume adopts an interdisciplinary
approach, bringing together the normative perspective of law with
the analytical perspective of social sciences. The volume
contributes to several fields, including studies of rule of law,
law and development, and good governance; democratization;
globalization studies; neo-institutionalism and judicial studies;
international law, transnational governance and the emerging
literature on judicial reforms in authoritarian regimes; and
comparative law (Islamic, African, Asian, Latin American legal
systems).
Providing an overview of the various legal responses to conflicts
involving the use of water resources, this text analyzes the
continuous development of water law in the face of new threats of
water shortages. The book is a result of the conference "Scarcity
of Water, International, European and National Legal Aspects" held
at the faculty of Law of the Erasmus University, Rotterdam in
October 1995. It contains a selection papers presented at the
conference and several additional contributions on the issues of
water law and policy.
The main challenge to international environmental law is to strike
an adequate balance between the discretion of states to undertake
economically attractive activities and the need for constraint in
order to protect the environment. Based on one particularly
elaborate environmental regime (the regime for transboundary water
pollution as it applies to the Netherlands) this book examines how
international law has sought to replace discretion by constraint,
and what limitations have been encountered with that endeavour. The
study provides a comprehensive assessment of the main assets and
lacunae of the regime for transboundary water pollution. It
discusses the applicable substantive and procedural rules
(including new developments, such as the precautionary principle,
the obligation to conduct environmental impact assessments); the
combined use of legal rules (such as the 1992 Convention on the
Protection of Transboundary Watercourses and the 1992 Paris
Convention on the Protection of the Marine Environment of the
North-East Atlantic) and non-legal rules (such as the Rhine Act
Programme), and the application of procedures to control the
implementation of states' obligations. Since many of the issues are
not exclusively relevant to transboundary water pollution, the main
conclusions of this study may prove directly applicable to other
international environmental regimes.
International law is not merely a set of rules or processes, but is
a professional activity practised by a diversity of figures,
including scholars, judges, counsel, teachers, legal advisers and
activists. Individuals may, in different contexts, play more than
one of these roles, and the interactions between them are
illuminating of the nature of international law itself. This
collection of innovative, multidisciplinary and self-reflective
essays reveals a bilateral process whereby, on the one hand, the
professionalisation of international law informs discourses about
the law, and, on the other hand, discourses about the law inform
the professionalisation of the discipline. Intended to promote a
dialogue between practice and scholarship, this book is a must-read
for all those engaged in the profession of international law.
This book aims to enhance understanding of the interactions between
the international and national rule of law. It demonstrates that
the international rule of law is not merely about ensuring national
compliance with international law. International law and
institutions (eg, international human rights treaty-monitoring
bodies and human rights courts) respond to national contestations
and show deference to the national rule of law. While this might
come at the expense of the certainty of international law, it
suggests that the international rule of law can allow for
flexibility, national diversity and pluralism. The essays in this
volume are set against the background of increasing conflict
between international and national legal norms. Moreover the book
shows that international law and institutions do not always command
blind national obedience to international law, but incorporate a
process of adjustment and deference to national law and policies
that are protected by the rule of law at the national level.
The Shared Responsibility in International Law series examines the
underexplored problem of allocation of responsibilities among
multiple states and other actors. The International Law Commission,
in its work on state responsibility and the responsibility of
international organisations, recognised that attribution of acts to
one state or organisation does not exclude possible attribution of
the same act to another state or organisation, but has provided
limited guidance on allocation or reparation. From the new
perspective of shared responsibility, this volume reviews the main
principles of the law of international responsibility as laid down
in the Articles on State Responsibility and the Articles on
Responsibility of International Organizations, such as attribution
of conduct, breach, circumstances precluding wrongfulness and
reparation. It explores the potential and limitations of current
international law in dealing with questions of shared
responsibility in areas such as military operations and
international environmental law.
This book aims to contribute to our understanding of one of the
most pressing issues of modern international law: the relationship
between the international legal order on the one hand and the
domestic legal orders of over 190 sovereign states on the other
hand The traditional and dominant understanding of this
relationship is that there exists a strict separation between the
international legal order and domestic legal orders. Processes of
legal globalisation and internationalisation have made this
relationship much more complex. Legal authority has shifted away
from the state in both vertical and horizontal directions. Forced
by the pressures of interdependence, states have allowed
international bodies to oversee and sometimes even implement and
enforce domestic legislation. At the same time, private persons are
more and more drawn into an internationalized order. Increasing
cross-border flows of services, goods and capital, mobility, and
communication have further undermined any stable notion of what is
national and what is international. This book offers several partly
complementary and partly competing perspectives that allow us
understand and make sense of the complex interaction between the
international and domestic sphere.
In response to the weaknesses of international tribunals and
domestic courts in the prosecution of crimes such as genocide,
crimes against humanity and war crimes, a new generation of
"internationalized" criminal courts has been established. This book
addresses three active and one putative jurisdiction of this kind
in East Timor, Kosovo, Sierra Leone, and Cambodia.
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