The Adjudicator S Toolkit And The Force Of International Law
DOWNLOAD
Download The Adjudicator S Toolkit And The Force Of International Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Adjudicator S Toolkit And The Force Of International Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Adjudicator S Toolkit And The Force Of International Law
DOWNLOAD
Author : Nicola Strain
language : en
Publisher: BRILL
Release Date : 2024-07-01
The Adjudicator S Toolkit And The Force Of International Law written by Nicola Strain and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-01 with Law categories.
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
Judging At The Interface
DOWNLOAD
Author : Esmé Shirlow
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Judging At The Interface written by Esmé Shirlow 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 2021-02-18 with Law categories.
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Treaty Interpretation By The Wto Appellate Body
DOWNLOAD
Author : Isabelle Van Damme
language : en
Publisher:
Release Date : 2009
Treaty Interpretation By The Wto Appellate Body written by Isabelle Van Damme and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
International Judicial Review
DOWNLOAD
Author : Shai Dothan
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-05
International Judicial Review written by Shai Dothan 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 2020-03-05 with Law categories.
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Queer Engagements With International Law
DOWNLOAD
Author : Claerwen O'Hara
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-21
Queer Engagements With International Law written by Claerwen O'Hara and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-21 with Law categories.
This book explores times, spaces and imaginings relating to international law through the lens of queer theory. For some time now, queer theorists and legal scholars who think with queer theory have asked, what happens when queer theory moves out of its home base of gender and sexuality? The chapters in this book begin to answer this question by applying insights from queer theory to a diverse array of international law topics, from travaux préparatoires and international judging to the environment, oceans and outer space. While some contributions maintain a focus on gender and sexual diversity, all are characterised by a shift away from questions about LGBTIQA+ people towards wider discussions about power, normality, difference and liberation in international law. Through these engagements, the book demonstrates how queer theory can provide insights into a range of international law issues by allowing us to ‘make strange’ the taken-for-granted and contributing to a broader practice of reading for difference rather than dominance. The book engages with contemporary challenges in international law, from the climate crisis to new military technologies, such as automated naval vessels. It also showcases the diversity of approaches to queering international law that are emerging, with some authors drawing attention to the violence of (neo-)colonial international law and others engaging in more utopian and reparative thinking. This collection of queer theoretical engagements with international law will be invaluable to scholars of international law and international relations with an interest in critical approaches to these areas; as well as to researchers, activists and practitioners working in cultural, gender, queer and/or postcolonial studies.
Justice In Extreme Cases
DOWNLOAD
Author : Darryl Robinson
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
Justice In Extreme Cases written by Darryl Robinson 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 2020-12-17 with Law categories.
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
Domestic Law Goes Global
DOWNLOAD
Author : Sara McLaughlin Mitchell
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
Domestic Law Goes Global written by Sara McLaughlin Mitchell 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 2011-04-14 with Political Science categories.
International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.
International Law And New Wars
DOWNLOAD
Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-19
International Law And New Wars written by Christine Chinkin 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 2017-04-19 with Law categories.
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
The Impact Of International Organizations On International Law
DOWNLOAD
Author : José E. Alvarez
language : en
Publisher: BRILL
Release Date : 2016-11-07
The Impact Of International Organizations On International Law written by José E. Alvarez and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-07 with Business & Economics categories.
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself. "A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva "The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University
Informal International Lawmaking
DOWNLOAD
Author : Joost Pauwelyn
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Informal International Lawmaking written by Joost Pauwelyn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.