The Diversity Of International Law
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The Diversity Of International Law
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Author : Aristotle Constantinides
language : en
Publisher: BRILL
Release Date : 2009-09-25
The Diversity Of International Law written by Aristotle Constantinides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-25 with Law categories.
This collection of essays in honour of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece, brings to light the multiple faces, the expanding scope and diversity of international law.
Diversity In Secondary Rules And The Unity Of International Law
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Author : K. C. Wellens
language : en
Publisher: BRILL
Release Date : 2023-11-27
Diversity In Secondary Rules And The Unity Of International Law written by K. C. Wellens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.
Cultural Diversity In International Law
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Author : Lilian Richieri Hanania
language : en
Publisher: Routledge
Release Date : 2014-04-24
Cultural Diversity In International Law written by Lilian Richieri Hanania and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Business & Economics categories.
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
Diversity And Integration In Private International Law
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Author : Veronica Ruiz Abou-Nigm
language : en
Publisher: Edinburgh University Press
Release Date : 2019-08-21
Diversity And Integration In Private International Law written by Veronica Ruiz Abou-Nigm and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Law categories.
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
Diversity And Self Determination In International Law
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Author : Karen Knop
language : en
Publisher: Cambridge University Press
Release Date : 2002-04-18
Diversity And Self Determination In International Law written by Karen Knop 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 2002-04-18 with Political Science categories.
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
International Law And The Conservation Of Biological Diversity
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Author : Michael Bowman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1996-01-10
International Law And The Conservation Of Biological Diversity written by Michael Bowman 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 1996-01-10 with Law categories.
This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Biological Diversity And International Law
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Author : Mar Campins Eritja
language : en
Publisher: Springer Nature
Release Date : 2021-07-16
Biological Diversity And International Law written by Mar Campins Eritja and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-16 with Law categories.
The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.
The Unesco Convention On The Diversity Of Cultural Expressions
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Author : Toshiyuki Kono
language : en
Publisher:
Release Date : 2012
The Unesco Convention On The Diversity Of Cultural Expressions written by Toshiyuki Kono and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Convention on the Protection and Promotion of the Diversity of Cultural Expressions categories.
This book fills a gap in the literature on how the UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought more than just trade issues to the forefront. It highlighted heritage law, human rights law, or development law issues as well. The book investigates to what extent the Convention has an impact on these various fields of law and thus clarifies the Convention's contribution to the fragmentation of public international law. (Series: International Law - Vol. 9)
Unity And Diversity In International Law
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Author : Andreas Zimmermann
language : en
Publisher:
Release Date : 2022
Unity And Diversity In International Law written by Andreas Zimmermann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
This publication is the result of a symposium held in 2004 at the Kiel Walther Schücking Institute for International Law on the occasion of its 90th anniversary. In 2000 the International Law Commission of the United Nations in its preliminary study on dangers associated with conflicts between various normative subsystems of international law stated that the fragmentation of international law could endanger the stability as well as the consistency of international law and its comprehensive nature.It is against this background that this volume contains an in-depth analysis as to whether divergent trends have emerged, and if so to what extent, with regard to the sources of international law, its subjects, questions of State responsibility and dispute settlement with regard to the law of the sea, international humanitarian and international criminal law, human rights, international environmental law and international economic law. Besides, the book also addresses the question whether, and if so which, rules have developed to cope with conflicts between the various subsystems just mentioned. It therefore constitutes an essential contribution to the ongoing and crucial debate on the fragmentation of modern public international law.
The Interpretation Of International Law By Domestic Courts
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Author : Helmut Philipp Aust
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
The Interpretation Of International Law By Domestic Courts written by Helmut Philipp Aust 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 2016-01-21 with Law categories.
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.