Recueil Des Cours Collected Courses Tome Volume 311 2004
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Recueil Des Cours Collected Courses Tome Volume 311 2004
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Author : Académie de Droit International de la Ha
language : en
Publisher: Brill Nijhoff
Release Date : 2009
Recueil Des Cours Collected Courses Tome Volume 311 2004 written by Académie de Droit International de la Ha and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This volume contains the General Course on Private International Law on Respect for foreign law as a Principle of Private International Law, given by Professor A.V.M. Struycken, Professor emeritus at the University of Nijmegen.The title -- Co-ordination and Co-operation in Respectful Disagreement --reflects the leading thought. Each State has its own legal truth, closely related to its culture. In private international law one has to accept this as a datum. This book re-explores the classical approach, in the awareness of international private relations being established under the roof of large bodies of imperative rules. It pays attention to the impact of the EC on private international law and to uniform substantive law. It elaborates on subject matter jurisdiction, not only of courts but of notaries and other office holders. The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law .
Recueil Des Cours Collected Courses Volume 281 1999
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Author : Academie De Droit International de la Haye
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2001-04-17
Recueil Des Cours Collected Courses Volume 281 1999 written by Academie De Droit International de la Haye and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-04-17 with Law categories.
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: Since the end of the Second World War, cross-border relations among nations have intensified on a large scale, and, in addition to international peace and security, many other problems have arisen that possess worldwide dimensions. However, international law is still predicated on the basic rule of national sovereignty. Given this discrepancy, humankind is called upon to establish a system of international governance that is able to deal effectively with all the challenges that threaten its survival as a civilized community of nations. Practice is already evolving in that direction.
Collected Courses Of The Hague Academy Of International Law
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Author : Hague Academy of International Law
language : en
Publisher:
Release Date : 2009
Collected Courses Of The Hague Academy Of International Law written by Hague Academy of International Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International law categories.
Recueil Des Cours
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Author : Academie De Droit International de la Haye
language : fr
Publisher: Martinus Nijhoff Publishers
Release Date : 1991
Recueil Des Cours written by Academie De Droit International de la Haye and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law,"
Dealing With Bribery And Corruption In International Commercial Arbitration
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Author : Emmanuel Obiora Igbokwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-01-10
Dealing With Bribery And Corruption In International Commercial Arbitration written by Emmanuel Obiora Igbokwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Indigenization Measures And Multinational Corporations In Africa
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1982-10-19
Indigenization Measures And Multinational Corporations In Africa written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-10-19 with Law categories.
The Persistent Objector Rule In International Law
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Author : James A. Green
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
The Persistent Objector Rule In International Law written by James A. Green 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 2016-03-03 with Law categories.
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Regional Economic Integration And Dispute Settlement In East Asia
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Author : Anna G Tevini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-06-28
Regional Economic Integration And Dispute Settlement In East Asia written by Anna G Tevini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.
Private International Law
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Author : Symeon C. Symeonides
language : en
Publisher: Hague Academy of International
Release Date : 2021
Private International Law written by Symeon C. Symeonides and has been published by Hague Academy of International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"Following a brief overview of the history of private international law (PIL) and a longer discussion of the nineteenth century (the first golden age of PIL), this volume offers a detailed and insightful review of the last fifty-year period in the international development of PIL (1970-2020), which is the book's main focus. At least in terms of legislative activity, this period may well be the new golden age of PIL, during which we have witnessed the enactment of 101 national or subnational PIL codifications or recodifications, and almost as many international or regional conventions and EU Regulations. These codifications and conventions provide a reliable gauge for assessing the progress of the discipline; they also form the basis for the comparative observations of this book. The first version of this text was published in the Collected Courses of the Hague Academy of International Law (the 2016 General Course on Private International Law or Conflicts Law). The current volume is an expanded, revised edition of that original text, offering In addition to general updating, two new chapters on party autonomy and on the challenges of the internet"--
Standard Setting At Unesco
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Author : Abdulqawi A. Yusuf
language : en
Publisher: BRILL
Release Date : 2007-10-15
Standard Setting At Unesco written by Abdulqawi A. Yusuf and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-15 with Business & Economics categories.
Standard-setting represents one of the main constitutional functions of UNESCO and an important tool for realizing the goals for which the Organization was created. In addition to conventions and recommendations, the declarations adopted by the General Conference promulgate principles and norms intended to inspire the action of Member States in specific fields of activity. This first of a two-volume work on Standard-setting in UNESCO contains the essays presented at a symposium held on the occasion of its sixtieth anniversary. Topics addressed in Normative Action in Education, Science and Culture include methods of elaboration and implementation; constitutional objectives and legal commitments; international collaboration; and impact. Co-publication with the UNESCO.