The Refinement Of International Law From Fragmentation To Regime Interaction And Politicization
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The Refinement Of International Law From Fragmentation To Regime Interaction And Politicization
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Author : Anne Peters
language : en
Publisher:
Release Date : 2016
The Refinement Of International Law From Fragmentation To Regime Interaction And Politicization written by Anne Peters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Regime Interaction In International Law
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Author : Margaret A. Young
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
Regime Interaction In International Law written by Margaret A. Young 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 2012-01-12 with Law categories.
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
The Practice Of International And National Courts And The De Fragmentation Of International Law
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Author : Ole Kristian Fauchald
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
The Practice Of International And National Courts And The De Fragmentation Of International Law written by Ole Kristian Fauchald and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Fragmentation Of International Law
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Author :
language : en
Publisher:
Release Date : 2006
Fragmentation Of International Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Fragmentation Of International Law
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Author : United Nations. International Law Commission
language : en
Publisher:
Release Date : 2007
Fragmentation Of International Law written by United Nations. International Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
Regime Interaction In International Forest Law
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Author : Yilly Vanessa Pacheco Restrepo
language : en
Publisher: BRILL
Release Date : 2023-10-20
Regime Interaction In International Forest Law written by Yilly Vanessa Pacheco Restrepo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-20 with Law categories.
Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
The Normative Order Of The Internet
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Author : Matthias C. Kettemann
language : en
Publisher: Oxford University Press
Release Date : 2020
The Normative Order Of The Internet written by Matthias C. Kettemann 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 2020 with Law categories.
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
The Roles Of International Law In Development
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Author : McInerney Lankford
language : en
Publisher: Oxford University Press
Release Date : 2024-02-16
The Roles Of International Law In Development written by McInerney Lankford 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 2024-02-16 with Law categories.
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.
The Politics Of International Criminal Law
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Author : Holly Cullen
language : en
Publisher: BRILL
Release Date : 2020-12-15
The Politics Of International Criminal Law written by Holly Cullen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Promoting Renewable Energy
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Author : Alessandro Monti
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-05-09
Promoting Renewable Energy written by Alessandro Monti and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Law categories.
This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilises the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.