netherlands yearbook of international law 2015 jus cogens

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Netherlands Yearbook Of International Law 2015

Author : Maarten den Heijer
ISBN : 9789462651142
Genre : Law
File Size : 59. 28 MB
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Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.

Netherlands Yearbook Of International Law 1989

Author : T. M. C. Asser Instituut
ISBN : 9041104038
Genre : Law
File Size : 66. 3 MB
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The 1996 Netherlands Yearbook of International Law contains expert articles on issues such as: protection of cultural property in time of armed conflict; the contribution of the International Law Commission to international water law; effectiveness v. the rule of law following the East Timor case; Estoppel and the preclusive effects of inconsistent statements and conduct: the practice of the Iran-United States Claims Tribunal; state responsbility in a liberalised world economy The documentation section surveys Dutch state practice for the parliamentary year 1994-1995; international agreements to which the Netherlands is a party; Netherlands judicial decisions and municipal legislation involving questions of public international law, and Dutch literature in the field of public international law and related matters. This Yearbook is included in the 1996 subscription to the Netherlands International Law Review (Volume 43).

Akehurst S Modern Introduction To International Law

Author : Peter Malanczuk
ISBN : 9781134833887
Genre : Law
File Size : 24. 7 MB
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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Jurisdiction In International Law

Author : Cedric Ryngaert
ISBN : 9780199688517
Genre : Law
File Size : 44. 55 MB
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Sources Of International Law

Author : Hugh Thirlway
ISBN : 9780199685400
Genre : Law
File Size : 27. 61 MB
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The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of what the sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation upon which international law is built. This book provides a key inquiry into all the recognised, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.

The Responsibility To Protect R2p

Author : Peter Hilpold
ISBN : 9789004230002
Genre : Law
File Size : 72. 67 MB
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R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.

Why The Law Is So Perverse

Author : Leo Katz
ISBN : 9780226426037
Genre : Law
File Size : 75. 96 MB
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Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet's eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet's voting cycles, Arrow's Theorem, Sen's Libertarian Paradox--every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz's lucid explanations and apt examples show why they resist any easy resolutions."--Pub. desc.

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