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.

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 Max Planck Encyclopedia of Public International Law

Author: Rudiger Wolfrum
Publisher: Oxford University Press
ISBN: 9780199657919
Release Date: 2013-03-28
Genre: Law

This index to the definitive reference work on international law contains detailed references to over 1,600 articles covering the full history and breadth of public international law, as well as other information to facilitate its use, such as tables and citation lists.

The Prevention Principle in International Environmental Law

Author: Leslie-Anne Duvic-Paoli
Publisher: Cambridge University Press
ISBN: 9781108589796
Release Date: 2018-05-31
Genre: Law

Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context. The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1. Its anticipatory rationale; 2. Its due diligence content; and 3. Its wide spatial scope to protect the environment as a whole. This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.

Self Determination Dignity and End of Life Care

Author: Stefania Negri
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004223578
Release Date: 2012-02-03
Genre: Law

By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.

International Law in Financial Regulation and Monetary Affairs

Author: Thomas Cottier
Publisher: Oxford University Press
ISBN: 9780199668199
Release Date: 2012-10-04
Genre: Business & Economics

This is a must book to understand the field of international financial and monetary law. It presents a number of papers by a distinguished group of experts that analyse the emerging framework in international law that should govern financial institutions and markets on the one hand and monetary policies and monetary regulation on the other hand. The book deals with cross border issues and, given the importance of trade regulation and WTO law, they seek toestablish linkages and make comparisons wherever suitable.

Pervasive Problems in International Arbitration

Author: Loukas A. Mistelis
Publisher: Kluwer Law International
ISBN: 9789041124500
Release Date: 2006
Genre: Law

In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985. These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include: and• public policy; and• mandatory rules; and• confidentiality; and• provisional measures; and• res judicata; and• costs; and• amicus briefs; and• groups of companies; and• parallel proceedings; and and• anti-suit injunctions.

Global Constitutionalism in International Legal Perspective

Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004191150
Release Date: 2011-03-21
Genre: Law

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

International Internet Law

Author: Joanna Kulesza
Publisher: Routledge
ISBN: 9781136337949
Release Date: 2012-03-15
Genre: Law

This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.

The Oxford Guide to Treaties

Author: Duncan B. Hollis
Publisher: OUP Oxford
ISBN: 9780191637575
Release Date: 2012-08-09
Genre: Law

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

Principles of Tort Law

Author: Rachael Mulheron
Publisher: Cambridge University Press
ISBN: 9781316594827
Release Date: 2016-09-22
Genre: Law

Presenting the law of tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. A rich companion website, featuring ten additional chapters and sections on more advanced areas of tort law, completes the learning package. Written specifically for students, the text is also ideal for practitioners, litigants, policymakers and law reformers seeking a comprehensive and accurate understanding of the law.

Cross border Electronic Banking

Author: Chris Reed
Publisher: CRC Press
ISBN: 9781317704638
Release Date: 2013-11-20
Genre: Law

Cross-border Electronic Banking addresses everything from the changes made to payment clearing since the deregulation of cross-border flows of funds, to the development of capital adequacy ratios and the Euro. This insightful and revealing book, backed up by extensive practical experience, will alert you to the ways that electronic banking practices affect even the simplest daily transactions, and will unveil the legal technicalities imposed by these developments.

International Energy Governance

Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 9781784711504
Release Date: 2014-11-28
Genre: Electronic books

øSelected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governanceø were streamlined for

Global Legal Pluralism

Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 9781107376915
Release Date: 2012-02-27
Genre: Law

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.