International Law

Author: Vaughan Lowe
Publisher: Oxford University Press
ISBN: 0199230838
Category: Business & Economics
Page: 298
View: 3196

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"It covers all the main areas of International Law, such as International Economic Law, International Environmental Law, and the ways International Law deals with different types of armed conflict. It also concludes with a short chapter examining the prospects for International Law."--BOOK JACKET.

International law

Author: Alan Vaughan Lowe
Publisher: Oxford University Press, USA
ISBN: 9780199268849
Category: Business & Economics
Page: 298
View: 9141

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Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.

The Function of Public International Law

Author: Jan Anne Vos
Publisher: Springer Science & Business Media
ISBN: 9067048615
Category: Law
Page: 304
View: 2352

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This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

The Conflict of Laws

Author: Adrian Briggs
Publisher: Oxford University Press, USA
ISBN: 0199539669
Category: Business & Economics
Page: 287
View: 8302

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The Conflict of Laws addresses the jurisdiction of Courts (and whether their judgments are enforced and recognised overseas) and the effect of foreign judgments in England (whether these are recognised and enforced) . It also looks at the principles of choice of law for cases with an international element for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, property sited overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions.

Reine Rechtslehre

Mit einem Anhang: Das Problem der Gerechtigkeit
Author: Hans Kelsen
Publisher: Mohr Siebeck
ISBN: 9783161529733
Category: Law
Page: 921
View: 7973

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Nachdem die 1934 erschienene Erstauflage von Hans Kelsens Reine[r] Rechtslehre im Jahre 2008 als Studienausgabe erschienen ist, folgt nun im selben Format die Studienausgabe der Zweitauflage aus dem Jahre 1960. Zwischen den Auflagen 1934 und 1960 liegt nicht nur ein Vierteljahrhundert und ein Weltkrieg, sondern auch ein Umfangswachstum auf den fünffachen Wert und ein vielfältiger Reifungsprozess von Kelsens Allgemeiner Rechtslehre. Die Zweitauflage bildet zugleich Höhepunkt und Abschluss der sog. "Klassischen Phase" im rechtstheoretischen Werk Hans Kelsens. Überhaupt darf die auf Deutsch erschienene Zweitauflage, die in mehr als ein Dutzend andere Sprachen übersetzt worden ist, als die reifste und letzte geschlossene Darstellung der Reinen Rechtslehre gelten. Gemeinsam mit H.L.A. Harts Concept of Law (1961) stellt sie das wirkmächtigste Werk des modernen rechtstheoretischen Diskurses dar.Die vorliegende Studienausgabe enthält, anders als die seit 1992 publizierten Nachdrucke, auch den für das (Selbst-)Verständnis der Reinen Rechtslehre bedeutsamen Anhang zum Problem der Gerechtigkeit. Im Anmerkungsapparat sind darüber hinaus die aus Anlass der Übersetzung der Zweitauflage ins Italienische 1966 von Kelsen vorgenommenen Korrekturen am deutschen Text erstmals berücksichtigt worden.

An Evolutionary Paradigm for International Law

Philosophical Method, David Hume, and the Essence of Sovereignty
Author: J. Gillroy
Publisher: Springer
ISBN: 1137376651
Category: Philosophy
Page: 325
View: 1748

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The book transcends conventional social scientific method, political theory and its understanding of global governance to make the study of the philosophical essence of the international legal system fully accessible.

The Concept of Group Rights in International Law

Groups as Contested Right-Holders, Subjects and Legal Persons
Author: Corsin Bisaz
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228713
Category: Law
Page: 258
View: 3681

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The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Environmental and Energy Law

Author: Karen Makuch,Ricardo Pereira
Publisher: John Wiley & Sons
ISBN: 1118257367
Category: Technology & Engineering
Page: 680
View: 9650

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Despite bringing prosperity, industrialisation generally leads toincreasing levels of pollution which has a detrimental impact onthe environment. In response, legislation which seeks to control orprevent such impact has become common. Similarly, climatechange and energy security have become major drivers for theregulatory regimes that have emerged in the energy field. Given theglobal or regional scope of many environmental problems,international cooperation is often necessary to ensure suchlegislation is effective. The EU and the UK have contributed to thedevelopment of the environmental and energy law regimescurrently in force, spanning across international, transnationaland national levels. At the same time, practical responses toenvironmental and energy problems have largely been the focus ofengineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge theknowledge gap between legal developments designed to achieveenvironmental and/or energy-related objectives and the practical,scientific and technical considerations applicable to the sameenvironmental problems. In particular, it attempts to convey abroad range of topical issues in environmental and energy law, fromclimate and energy regulation, technology innovation and transfer,to pollution control, environmental governance and enforcement. Inaddition the book outlines key sector specific legal regimes(including water, waste and air quality management), focusing onissues or topics that are particularly relevant to bothenvironmental and energy lawyers, and engineering, science andtechnology-oriented professionals and students. In this vein,the book guides the reader on some basic practical applications ofthe law within scientific, engineering and other practicalsettings. The book will be useful to all those working or studying in theenvironmental or energy arena, including law students, legalprofessionals, engineering and science students and professionals.By adopting a multi-disciplinary approach to environmental andenergy law, the book embraces all readerships and helps to addressthe often thorny problem of communication between scientists,engineers, lawyers and policy-makers.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013)

Author: Arthur W. Rovine
Publisher: Martinus Nijhoff Publishers
ISBN: 9004274944
Category: Law
Page: 580
View: 6961

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The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013 is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation, held in New York.

Administrative Law

Author: Peter Cane
Publisher: Clarendon Press
ISBN: 9780199268986
Category: Law
Page: 466
View: 950

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This is the fourth edition of Peter Cane's Administrative Law, offering a straightforward but sophisticated account of an increasingly complex and important area of law, written in a lively and stimulating manner. The text, which has been extensively revised, takes full account of the many dramatic developments in English public law in recent years in areas such as devolution, human rights and freedom of information. The text has three mains aims: to provide a clear and concise account of the law concerning judicial control of public administrative power, to suggest political and theoretical perspectives that can help readers to understand the law better, and to explore the relationship between judicial and other forms of control such as ombudsmen and tribunals. An underlying theme of the analysis is to show that the role of courts in controlling public power is not that of neutral arbiter between 'citizen and state' but rather that of active participant in public decision-making processes.

Introduction to Company Law

Author: Paul Lyndon Davies
Publisher: Oxford University Press
ISBN: 0199601321
Category: Law
Page: 322
View: 6388

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Part of the 'Clarendon Law Series' this volume offers a concise introduction to company law. It sets out the five key functions of company law, as well as examining how to maximise the benefits whilst minimising the costs of creating a company.

Surrender, Occupation, and Private Property in International Law

An Evaluation of US Practice in Japan
Author: Nisuke Andō,Nisuke Ando
Publisher: Oxford University Press on Demand
Category: History
Page: 208
View: 8710

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The most recent title to appear in the Oxford Monographs in International Law series, Surrender, Occupation, and Private Property in International Law examines the legal situation which arises during periods of occupation in respect of private property which is temporarily used, annexed, ordestroyed by occupying forces. It asks what happens to that property after occupation ceases, and addresses the issues of restitution and compensation which may sometimes arise. The author focuses upon the post-war occupation of Japan by American forces as the principal example around which todevelop his arguments, and makes extensive use of documents from this period. Relatively little has been written about this crucial period in Japanese history, and the successful linking of the historical and legal aspects in this study will make this book of considerable interest to internationallawyers and modern historians.

The Sources of International Law

Author: Hugh Thirlway
Publisher: OUP Oxford
ISBN: 0191508608
Category: Law
Page: 304
View: 2937

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In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

Employment Law

Author: Hugh Collins
Publisher: Oxford University Press, USA
ISBN: 9780198763864
Category: Labor laws and legislation
Page: 264
View: 7157

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This addition to the Clarendon Law Series offers a fresh approach to the law governing employment relations, emphasising the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including anti-discrimination laws, trade unions and industrial action, contracts of employment and human rights in the workplace. It also discusses how UK law, under the influence of EC law and international protection of human rights, has been transformed for the twentieth-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent and illuminating comparisons with the law of other countries, including the United States, Professor Collins also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.

Insolvency in Private International Law

National and International Approaches
Author: Ian F. Fletcher
Publisher: Oxford University Press
ISBN: 9780198258643
Category: Law
Page: 465
View: 6498

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This book provides a detailed analysis of the conceptual and practical problems posed by the increasingly common phenomenon of cross-border insolvency, both in respect of individuals and companies. In Part I of the book the author considers how such problems are approached and resolved under national legal regimes, comparing the English common law approach with those of other jurisdictions such as Australia, Canada and the USA. Part II analyses the regional and international agreements and conventions that have been under negotiation in response to the special difficulties imposed by multi -jurisdictional insolvencies, such as the E.U. Insolvency Convention and the UNCITRAL model law on cross-border insolvency. The book will appeal equally to insolvency specialists and to international company and commercial lawyers more generally. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of high quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

Public Law

Author: Adam Tomkins
Publisher: OUP Oxford
ISBN: 0191018600
Category: Law
Page: 256
View: 4531

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Written in the well-established tradition of the Clarendon Law Series, Public Law offers a stimulating re-interpretation of the central themes and problems of English constitutional law. It offers full consideration of the historical development of public law. This book is an introduction that will be especially appealing to the enquiring student who is looking to reflect critically on the assumptions underpinning the standard presentation of the subject.Written throughout in an engaging and accessible style, Public Law examines the issues of power and accountability that are central to constitutional and administrative law. Among the topics considered are the unwritten nature of the constitution, the changing relationship between the law and the politics of the constitution, the separation of powers, the enduring influence of the crown, the role and functions of Parliament, questions of responsible government, and the law of judicialreview and human rights.

Declining Jurisdiction in Private International Law

Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994
Author: J. J. Fawcett
Publisher: Oxford University Press
ISBN: 9780198259596
Category: Law
Page: 447
View: 9746

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The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.

An Introduction to the Law of Restitution

Author: Peter Birks
Publisher: Oxford University Press
ISBN: 9780198760740
Category: Law
Page: 455
View: 1466

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This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.