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State Responsibility And Rebels


State Responsibility And Rebels
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State Responsibility In The International Legal Order


State Responsibility In The International Legal Order
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Author : Katja Creutz
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24

State Responsibility In The International Legal Order written by Katja Creutz 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 2020-09-24 with Law categories.


The book analyzes State responsibility in international law from a holistic and critical perspective.



Arbitration As Balanced Administration Of Justice


Arbitration As Balanced Administration Of Justice
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Author : Massimo Benedettelli
language : en
Publisher: BRILL
Release Date : 2024-08-05

Arbitration As Balanced Administration Of Justice written by Massimo Benedettelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-05 with Law categories.


Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.



State Succession To International Responsibility


State Succession To International Responsibility
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Author : Patrick Dumberry
language : en
Publisher: BRILL
Release Date : 2007-07-30

State Succession To International Responsibility written by Patrick Dumberry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-30 with Law categories.


The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.



Finnish Yearbook Of International Law Volume 20 2009


Finnish Yearbook Of International Law Volume 20 2009
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Author : Jan Klabbers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-09-19

Finnish Yearbook Of International Law Volume 20 2009 written by Jan Klabbers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-19 with Law categories.


The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 20 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs



Responsibilities Of The Non State Actor In Armed Conflict And The Market Place


Responsibilities Of The Non State Actor In Armed Conflict And The Market Place
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Author : Noemi Gal-Or
language : en
Publisher: Hotei Publishing
Release Date : 2015-05-12

Responsibilities Of The Non State Actor In Armed Conflict And The Market Place written by Noemi Gal-Or and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-12 with Law categories.


The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.



Rebel Courts


Rebel Courts
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Author : René Provost
language : en
Publisher: Oxford University Press
Release Date : 2021

Rebel Courts written by René Provost 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.


Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).



Law Among Nations


Law Among Nations
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Author : Gerhard von Glahn
language : en
Publisher: Routledge
Release Date : 2015-07-14

Law Among Nations written by Gerhard von Glahn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-14 with Law categories.


Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.



Rebellions And Civil Wars


Rebellions And Civil Wars
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Author : Patrick Dumberry
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-18

Rebellions And Civil Wars written by Patrick Dumberry 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.


Analysis of questions of State responsibility and attribution arising from the conduct of rebels and governments in civil war situations.



State Responsibility For International Terrorism


State Responsibility For International Terrorism
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Author : Kimberley N. Trapp
language : en
Publisher: Oxford University Press
Release Date : 2011-06-02

State Responsibility For International Terrorism written by Kimberley N. Trapp 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 2011-06-02 with Law categories.


Readership: Academics and students studying the law of state responsibility and the legal regime applicable to international terrorism; Government, UN and international/regional organization legal advisers.



Rethinking Refugee Law


Rethinking Refugee Law
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Author : Niraj Nathwani
language : en
Publisher: BRILL
Release Date : 2003-01-01

Rethinking Refugee Law written by Niraj Nathwani and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.


Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration? The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive immigration policy is not feasible at a reasonable cost versus desperate individuals. It follows that necessity overrules a restrictive immigration policy and qualifies as a robust explanation of the purpose of a fair refugee policy. This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law (persecution, well-founded fear, reasons of persecution, asylum) and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality.