Le Tiers Impartial Et Ind Pendant En Droit International Juge Arbitre M Diateur Conciliateur


Le Tiers Impartial Et Ind Pendant En Droit International Juge Arbitre M Diateur Conciliateur
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Le Tiers Impartial Et Ind Pendant En Droit International Juge Arbitre M Diateur Conciliateur


Le Tiers Impartial Et Ind Pendant En Droit International Juge Arbitre M Diateur Conciliateur
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Author : Catherine Kessedjian
language : fr
Publisher: BRILL
Release Date : 2021-02-22

Le Tiers Impartial Et Ind Pendant En Droit International Juge Arbitre M Diateur Conciliateur written by Catherine Kessedjian and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.


Le tiers impartial et indépendant a pris une telle importance dans la création normative juridique qu’il a paru nécessaire de se pencher sur ce personnage qui cristallise un grand nombre de critiques, probablement à la mesure du pouvoir accru qui lui est conféré. C’est à cette tâche que le présent volume est consacré. L’auteur emmène le lecteur à travers le dédale de la maison justice : contexte théorique et philosophique, aspects historiques, architecture, iconographie, méthodes décisionnelles, modes alternatifs, les dialogues divers mis en place entre les tiers et avec les experts. L’objectif de l’auteur est de susciter l’esprit critique du lecteur en lui permettant de se poser des questions qu’il n’a pas l’habitude d’énoncer.



The 3 Regional Human Rights Courts In Context


The 3 Regional Human Rights Courts In Context
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Author : Laurence BURGORGUE-LARSEN
language : en
Publisher: Oxford University Press
Release Date : 2024-03-14

The 3 Regional Human Rights Courts In Context written by Laurence BURGORGUE-LARSEN 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 2024-03-14 with Law categories.


At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted—a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.



Custom And Its Interpretation In International Investment Law


Custom And Its Interpretation In International Investment Law
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Author : Konrad Turnbull
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-30

Custom And Its Interpretation In International Investment Law written by Konrad Turnbull and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-30 with Law categories.


This edited volume provides an in-depth study of customary international law and its interpretation in international investment law.



Gender Equality In The Mirror


Gender Equality In The Mirror
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Author : Elisa Fornalé
language : en
Publisher: BRILL
Release Date : 2022-08-29

Gender Equality In The Mirror written by Elisa Fornalé and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-29 with Law categories.


The open access publication of this book has been published with the support of the Swiss National Science Foundation. By taking an innovative perspective, Gender Equality in the Mirror aims to advance the debate on gender equalities and to engage with the complexities of their practical implications in everyday life. Through the voice of women who are contributing with their life and work to the pursuit of the collective task of inclusion, the volume develops an original analysis of the socio-economic and political dimension of gender parity to frame implementing pathways of aspirational human rights principles. Gender Equality in the Mirror explores these dimensions with the ultimate aim of raising broad awareness of the need to invest in women’s empowerment for the construction of our society.



The Institute Of International Law S Resolution On The Equality Of Parties Before International Investment Tribunals


The Institute Of International Law S Resolution On The Equality Of Parties Before International Investment Tribunals
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Author : Campbell McLachlan
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-18

The Institute Of International Law S Resolution On The Equality Of Parties Before International Investment Tribunals written by Campbell McLachlan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.


The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.



Applying Municipal Law In International Disputes


Applying Municipal Law In International Disputes
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Author : Paul B. Stephan
language : en
Publisher: BRILL
Release Date : 2024-03-04

Applying Municipal Law In International Disputes written by Paul B. Stephan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-04 with Law categories.


The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.



Animals In International Law


Animals In International Law
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Author : Anne Peters
language : en
Publisher: BRILL
Release Date : 2021-05-25

Animals In International Law written by Anne Peters and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Law categories.


The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.



Relationships Between International Criminal Law And Other Branches Of International Law


Relationships Between International Criminal Law And Other Branches Of International Law
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Author : William A. Schabas
language : en
Publisher: BRILL
Release Date : 2022-05-20

Relationships Between International Criminal Law And Other Branches Of International Law written by William A. Schabas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-20 with Law categories.


This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.



Solidarity And Community Interests


Solidarity And Community Interests
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Author : R. Wolfrum
language : en
Publisher: BRILL
Release Date : 2021-12-28

Solidarity And Community Interests written by R. Wolfrum and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.


Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.



Extraterritorial Use Of Force Against Non State Actors


Extraterritorial Use Of Force Against Non State Actors
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2022-05-16

Extraterritorial Use Of Force Against Non State Actors written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-16 with Law categories.


This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.