Due Diligence in International Law

Author: Joanna Kulesza
Publisher: BRILL
ISBN: 9789004325197
Release Date: 2016-08-08
Genre: Law

Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.

The Contribution of International and Supranational Courts to the Rule of Law

Author: Geert De Baere
Publisher: Edward Elgar Publishing
ISBN: 9781783476626
Release Date: 2015-11-27
Genre: Law

International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.

Marine Protected Areas in International Law

Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9789004324084
Release Date: 2016-08-08
Genre: Law

Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.

Responsibilities and Liabilities for Commercial Activity in the Arctic

Author: Vibe Ulfbeck
Publisher: Routledge
ISBN: 9781317340829
Release Date: 2016-03-02
Genre: Law

Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.

Environmental Criminal Liability and Enforcement in European and International Law

Author: Ricardo Pereira
Publisher: BRILL
ISBN: 9789004195882
Release Date: 2015-09-14
Genre: Law

Environmental Criminal Liability and Enforcement in European and International Law assesses the legal, theoretical and practical implications of interstate cooperation aimed at harmonising environmental criminal law standards. The book analyses the rationales for criminalisation of environmental offences and the approaches to harmonisation under specific European and international legal instruments.

Tallinn Manual 2 0 on the International Law Applicable to Cyber Operations

Publisher: Cambridge University Press
ISBN: 9781316828649
Release Date: 2017-02-02
Genre: Law

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Sovereignty in the Exercise of the Right to Self Determination

Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 9789004328709
Release Date: 2016-09-13
Genre: Law

In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.

Whaling in the Antarctic

Author: Malgosia Fitzmaurice
Publisher: BRILL
ISBN: 9789004313828
Release Date: 2016-06-02
Genre: Law

Introduction / Malgosia Fitzmaurice and Dai Tamada -- Methodologies and motivations : was Japan's whaling programme for purposes of scientific research? / Caroline E. Foster -- From the requirement of reasonableness to a 'comply and explain' rule : the standard of review in the whaling judgment / Shotaro Hamamoto -- The whaling convention and thorny issues of interpretation / Malgosia Fitzmaurice -- The 'margin of appreciation' in the use of exemptions in international law : comparing the ICJ whaling judgment and the case law of the ECtHR / Theodore Christakis -- Unfavourable but unavoidable procedures : procedural aspects of the whaling case / Dai Tamada -- Roads not taken, opportunities missed : procedural and jurisdictional questions Sidestepped in the Whaling Judgment / Christian J. Tams -- Whaling judgment and the challenges of dynamic treaty regimes / Mika Hayashi -- IWC and the ICJ judgment / Joji Morishita -- The whaling case : an Australian perspective / Donald R Rothwell -- After the whaling in the Antarctic judgment : its lessons and prospects from a Japanese perspective / Hironobu Sakai -- Science in the court! : the role of science in 'Whaling in the Antarctic' / Anthony Press -- Conclusion : the judgment, its implications and prospects / Akiho Shibata -- Conference report on 'Whaling in the Antarctic : the ICJ judgment and its implications', 31st May-1st June 2014, Kobe University, Japan / Yuri Takaya

Unilateral Acts of States in Public International Law

Author: Przemyslaw Saganek
Publisher: BRILL
ISBN: 9789004274617
Release Date: 2015-11-20
Genre: Law

In Unilateral Acts of States in Public International Law Przemysław Saganek discusses an important source of States’ obligations. The aim is to discover the nature of unilateral acts and possibilities of codifying them in a single set of rules.

The Development and Effectiveness of International Administrative Law

Author: Olufemi Elias
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004194700
Release Date: 2012-07-25
Genre: Law

This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.

Evolving Principles of International Law

Author: Eva Rieter
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004192263
Release Date: 2012
Genre: Law

This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.

The Interpretation and Application of the European Convention of Human Rights

Author: Malgosia Fitzmaurice
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004242814
Release Date: 2012-12-07
Genre: Law

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

Due Diligence and Its Application to Protect Women from Violence

Author: Carin Benninger-Budel
Publisher: BRILL
ISBN: 9789004162938
Release Date: 2008
Genre: Law

The contributors to this volume analyse the effectiveness of the due diligence standard as well as other strategies to prevent and respond to violence against women by non-state actors taking into account contemporary problems that pose threats to womena (TM)s rights.