|
Showing 1 - 6 of
6 matches in All Departments
As international law has become more present in global
policy-making, the International Court of Justice (ICJ) has come to
occupy an essential and increasingly visible role in international
relations. This collection explores substantive developments within
the ICJ and offers critical perspectives on its historical and
contemporary role. It also examines the growing role of the ICJ in
the settlement of international disputes and assesses the impact of
the ICJ's jurisprudence on the major areas of international law,
from the territorial delimitation to human rights. With
contributions from a diverse range of scholars and practitioners,
the collection's contents combine a legal perspective with
institutional and sociological insights on the functions of the
ICJ. By considering the ICJ's character, jurisdiction and
effectiveness, this collection offers a varied and holistic account
of the International Court of Justice, an institution whose
significance and influence only increase by the day.
Kate Parlett's study of the individual in the international legal
system examines the way in which individuals have come to have a
certain status in international law, from the first treaties
conferring rights and capacities on individuals through to the
present day. The analysis cuts across fields including human rights
law, international investment law, international claims processes,
humanitarian law and international criminal law in order to draw
conclusions about structural change in the international legal
system. By engaging with much new literature on non-state actors in
international law, she seeks to dispel myths about state-centrism
and the direction in which the international legal system continues
to evolve.
Kate Parlett's study of the individual in the international legal
system examines the way in which individuals have come to have a
certain status in international law, from the first treaties
conferring rights and capacities on individuals through to the
present day. The analysis cuts across fields including human rights
law, international investment law, international claims processes,
humanitarian law and international criminal law in order to draw
conclusions about structural change in the international legal
system. By engaging with much new literature on non-state actors in
international law, she seeks to dispel myths about state-centrism
and the direction in which the international legal system continues
to evolve.
The law of international responsibility plays a fundamental role in
the modern system of international law, surpassed by none and
paralleled only by the law of treaties. The volume seeks to cover
the entirety of the field of international responsibility, with a
particular focus on the work of the International Law Commission.
It provides detailed discussion and analysis of the historically
predominant topics of State responsibility, on which the ILC
completed its work in 2001, and the specific sub-topic of
diplomatic protection, work on which was completed by the ILC in
2006. However, it also covers both the topic of responsibility of
international organizations, on which the ILC's work is ongoing (a
set of draft Articles having been adopted on first reading in
2009), and that of liability for harmful activities not prohibited
under international law on which the ILC adopted drafts in 2001 and
2006.
The volume comprises contributions on specific issues in the
international law of responsibility, authored by an international
team of specialists in the field, which provides a comprehensive
commentary of all aspects of the topic. The chapters are detailed
in their coverage, discussing both international jurisprudence and
doctrinal controversies, as well as providing a critical assessment
of the relevant work of the ILC. In addition to providing detailed
consideration of the general secondary rules of international
responsibility, coverage is also included of certain specific
systems of responsibility and their relationship with the general
rules under a number of specialised regimes, in particular under
certain human rights treaties, the WTO, and investment protection
treaties.
The dispute settlement regime in the UN Convention on the Law of
the Sea (UNCLOS) has been in operation for well over twenty years
with a steadily increasing number of important cases. This
significant body of case law has meaningfully contributed to the
development of the so-called 'constitution of the oceans'. Judging
the Law of the Sea focusses on how Judges interpret and apply
UNCLOS and it explores how these cases are shaping the law of the
sea. The role of the Judge is central to this book's analysis. The
authors consider the role of UNCLOS Judges by engaging in an
intensive study of the their decisions to date and assessing how
those decisions have influenced and will continue to influence the
law of the sea in the future. As the case law under UNCLOS is less
extensive than some other areas of compulsory jurisdiction like
trade and investment, the phenomenon of dispute settlement under
UNCLOS is under-studied by comparison. Cases have not only refined
the parameters for the exercise of compulsory jurisdiction under
the Convention, but also contributed to the interpretation and
application of substantive rights and obligations in the law of the
sea. In relation to jurisdiction, there is important guidance on
what disputes are likely to be subjected to binding third-party
dispute resolution, which is a critical consideration for a treaty
attracting almost 170 parties. Judging the Law of the Sea brings
together an analysis of all the case law to the present day while
acknowledging the complex factors that are inherent to the judicial
decision-making process. It also engages with the diverse facets
that continue to influence the process: who the Judges are, what
they do, and what their roles might or should be. To capture the
complex decision matrix, the authors explore the possible
application of stakeholder identification theory to explain who and
what counts in the decision-making process.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R383
R310
Discovery Miles 3 100
|