Overlapping Individual And Interstate Claims In International Law
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Overlapping Individual And Interstate Claims In International Law
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Author : Jessica Howley
language : en
Publisher: Oxford University Press
Release Date : 2024-08-07
Overlapping Individual And Interstate Claims In International Law written by Jessica Howley 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 2024-08-07 with Law categories.
Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims, considering, among others, the local remedies rule, the rule precluding double recovery, res judicata, waiver, and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.
Overlapping Individual And Interstate Claims In International Law
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Author : Jessica Isobel Howley
language : en
Publisher:
Release Date : 2019
Overlapping Individual And Interstate Claims In International Law written by Jessica Isobel Howley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Complicity In International Law
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Author : Miles Jackson
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Complicity In International Law written by Miles Jackson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Recognition Of States In International Law
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Author : Pavle Kilibarda
language : en
Publisher: Oxford University Press
Release Date : 2024-08-03
Recognition Of States In International Law written by Pavle Kilibarda 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 2024-08-03 with Law categories.
Although the recognition of States is a common occurrence in international relations and retains a central position in discussions of international law, its nature and legal effects have remained controversial well into the twenty-first century. While some believe that recognition plays a fundamental role in the creation of statehood, others deny recognition any legal value. Regardless, debates surrounding any case where statehood is disputed will sooner or later turn to the matter of recognition, or lack thereof, by other States. This book challenges the widespread views of statehood as an absolute or empirical fact and of recognition as merely declaratory in the creation of States as the primary and original persons of international law. Drawing upon a comparative analysis of contested States ranging from Palestine and Kosovo to Somaliland and Eastern Ukraine, this book seeks to ascertain the normative value and the effects of the act of recognition in various situations, distinguishing between: cases where statehood may be inferred from applicable rules of international law, cases where statehood could only be explained by recognition, and cases where the establishment of a State is prevented by international legal norms. In addition to discussing a range of issues related to recognition, this book provides an up-to-date overview of the history of recognition, the positions of various governments, and a broad, critical summary of domestic and international jurisprudence.
The Relationship Between State And Individual Responsibility For International Crimes
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Author : Beatrice Bonafè
language : en
Publisher: BRILL
Release Date : 2009-02-23
The Relationship Between State And Individual Responsibility For International Crimes written by Beatrice Bonafè and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-23 with Law categories.
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
New Property In International Law
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Author : Jean Ho
language : en
Publisher: Oxford University Press
Release Date : 2024-10-04
New Property In International Law written by Jean Ho 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 2024-10-04 with Law categories.
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.
The Individual In International Law
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Author : Anne Peters
language : en
Publisher: Oxford University Press
Release Date : 2024
The Individual In International Law written by Anne Peters 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 with Law categories.
The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.
Taking Economic Social And Cultural Rights Seriously In International Criminal Law
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Author : Evelyne Schmid
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-02
Taking Economic Social And Cultural Rights Seriously In International Criminal Law written by Evelyne Schmid 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 2015-04-02 with Law categories.
Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.
The Authority Of International Law
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Author : Ba^Dsak Çal^Di
language : en
Publisher: Oxford University Press
Release Date : 2015-10-08
The Authority Of International Law written by Ba^Dsak Çal^Di 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 2015-10-08 with Law categories.
The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Çalı presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.
Justice For United States Prisoners Of War Act Of 2001
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims
language : en
Publisher:
Release Date : 2002
Justice For United States Prisoners Of War Act Of 2001 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with History categories.