Contingency In International Law
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Contingency In International Law
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Author : Ingo Venzke
language : en
Publisher: Oxford University Press
Release Date : 2021
Contingency In International Law written by Ingo Venzke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
The Many Paths Of Change In International Law
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Author : Ezgi Yildiz
language : en
Publisher: Oxford University Press
Release Date : 2024-02-16
The Many Paths Of Change In International Law written by Ezgi Yildiz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-16 with Law categories.
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Events The Force Of International Law
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Author : Fleur Johns
language : en
Publisher: Routledge
Release Date : 2010-10-04
Events The Force Of International Law written by Fleur Johns and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-04 with Law categories.
Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.
The Law And Economics Of Contingent Protection In The Wto
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Author : Petros C. Mavroidis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
The Law And Economics Of Contingent Protection In The Wto written by Petros C. Mavroidis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.
All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
System Order And International Law
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Author : Stefan Kadelbach
language : en
Publisher: Oxford University Press
Release Date : 2017
System Order And International Law written by Stefan Kadelbach and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This volume maps models of early international legal thought from Machiavelli to Hegel
Contingency In International Law
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Author : Ingo Venzke
language : en
Publisher: Oxford University Press
Release Date : 2021-04-22
Contingency In International Law written by Ingo Venzke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
Oppenheim S International Law United Nations
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Author : Rosalyn Higgins
language : en
Publisher: Oxford University Press
Release Date : 2017-10-12
Oppenheim S International Law United Nations written by Rosalyn Higgins and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
Contingency In A Sacred Law
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Author : Baber Johansen
language : en
Publisher: BRILL
Release Date : 2023-09-29
Contingency In A Sacred Law written by Baber Johansen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-29 with Law categories.
This book focuses on the Hanafite school of fiqh which originated in the eight century and is, geographically, the most widespread and, numerically, the most important representative of Muslim normativeness. The fiqh consists of liturgical, ethical and legal norms derived from the Islamic revelation. The introduction outlines the main boundaries between fiqh and theology and follows the modern debate on the comparison between the fiqh and the secularized law of the modern Occident. The core of the book is dedicated to the way in which the fiqh, in the period between the 10th and the 12th centuries, adapted to changing circumstances of urban and agricultural life (chapters I and II), to the way in which it marked off legal from ethical norms (chapter III), religious from legal status (chapters IV to VI) and legal propositions from religious judgment (chapter VII). The forms in which change of norms was made acceptable is discussed in chapter VIII. The last chapter deals with an attempt of Shi'i scholars in the Islamic Republic of Iran to answer new problems in old forms.
Research Handbook On Disasters And International Law
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Author : Susan Carolyn Breau
language : en
Publisher:
Release Date : 2016
Research Handbook On Disasters And International Law written by Susan Carolyn Breau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Disaster relief categories.
Introduction / Susan C. Breau and Katja L.H. Samuel -- Global capitalism and the crisis of the public interest - sleepwalking into diaster / Christopher Newdick -- Closing 'the yawning gap'? International disaster response law at fifteen / Kiresten Nakjavani Bookmiller -- Responses by states / Susan C. Breau -- Human rights and natural disasters / Kristian Cedervall Lauta -- Adverse human agency and disasters : a role for international criminal law? / Evelyne Schmid -- The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies / Tilman Rodenhäuser and Gilles Giacca -- Disasters, international environmetal law and the Antropocene / Tim Stephens -- Sustainable development and disasters / Tahmina Karimova -- Disasters and international trade and investment law - the state's regulatory autonomy between risk protection and exception justification / Leïla Choukroune -- Responses by private corporations / Stefano Silingardi -- An evolving role for law and policy in addressing food security before, during and after a disaster / Anastasia Telesetsky -- Security implications of conflicts, crises and disasters in the international energy industry : legal and policy considerations / Tade Oyewunmi -- Water security / Ha Le Phan and Inga T. Winkler -- Tackling water contamination : development, human rights and disaster risk reduction / Marie Aronsson-Storrier and Haythem Salama -- The International law of wildfires / Michael Eburn -- Displacement in the context of disasters and adverse effects of climate change / Walter Kälin and Hannah Entwisle Chapuisat -- The protection of vulnerable groups / Mary Crock -- Disasters causd in cyberspace / James A. Green -- National contingency planning / Simon Whitbourn -- A duty of solidarity? The International law commission's draft articles and the right to offer assistance in disasters / Therese O'Donnell and Craig Allan -- Building resilience in post-conflict disaster contexts : children and transitional justice / Alison Bisset -- Dispute settlement in the aftermath of disasters / Lawrence Hill-Cawthorne
Preconditions For Contingency Fee Agreements In Australia And Germany
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Author : Ole Kramp
language : en
Publisher: GRIN Verlag
Release Date : 2009-02
Preconditions For Contingency Fee Agreements In Australia And Germany written by Ole Kramp and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02 with categories.
Scientific Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 83 percent, The University of Adelaide, 39 entries in the bibliography, language: English, abstract: This essay will show the advantages of comparative law in the development of appropriate preconditions for contingency fee agreements. After describing the current provisions concerning contingency fees in Australia and Germany, both the Australian and the German approaches will be critically examined concerning the preconditions of conditional cost agreements. The author concludes with the following findings: Sufficient information for the client is one of the most important elements when entering into a conditional cost agreement. The legislators in both countries have set up a good basis by implementing the requirements of written form and client information. The comparative look shows that the exclusion of criminal law and family law matters is unnecessary from a legal perspective and should lead to an amendment of the actual prohibition clauses in the Australian acts. Finally, it must be strongly recommended that Germany should follow the Australian example and implement a "cooling-off period" to address the client's need for both sufficient information and effective action.