Interpretation of Customary International Law : Of Methods and Limits /
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In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an examination of this case-law, the various methods of interpretation of customary rules and their limits are identified as well as the similarities and differences with the rules of treaty interpretation.
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Includes bibliographical references and index. :
9789004529991
Statehood, Territory, and International Spaces /
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Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, 'drowning' and 'failed' States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
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1 online resource (450 pages) : illustrations. :
Includes bibliographical references and index. :
9789004708594
Time and International Adjudication : The Temporal Factor in Proceedings before International Courts and Tribunals /
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Time and International Adjudication fills a gap in legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international scholars and lawyers, aimed at discussing the role of time in proceedings before international courts and tribunals. The relevance of the temporal factor in international adjudication is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
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1 online resource (702 pages) : illustrations. :
Includes bibliographical references and index. :
9789004716377
Looking Within: Finding an Environmental Justice and Global Citizenship Lens /
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Can we adopt human rights concepts, long used to frame problems of social justice, to define environmental justice? Can existing social institutions provide models and tools for achieving environmental justice? This volume views old models of agency through new lenses and examines how several social institutions, such as law, education and health care, address specific environmental problems. The volume presents arguments for human obligations towards the environment and future generations. Scholars assess the limitations of existing models and others point to recent failures in protecting the interests of indigenous groups or species. And on a hopeful note, examples are given of institutions that promise some success in effecting environmental goals. As this discussion of citizenship suggests, much like environmental justice, a global context both in definition and application is required.
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1 online resource. :
Includes bibliographical references and index. :
9781848882515
Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law /
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Ocean governance is emerging as a field of study drawing on and combining different knowledge domains, including governance, science, and law. Assumptions of these three knowledge domains and their relationships are rarely discussed. This study attempts to contribute to such discussion by theory-building: investigating the governance-science and governance-law interfaces in an ocean governance context. The investigations form the basis for offering some perspectives concerning key topics of ocean governance: cross-sectoral, holistic, and integrated approaches, science-based decision-making, adaptation, the ecosystem approach, and ocean governance as an emerging field of study.
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1 online resource (94 pages) : illustrations. :
9789004720268
Pleadings, Minutes of Public Sittings and Documents/Mémoires, proces-verbaux des audiences publiques et documents (2023) /
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This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives), Merits . The documents are reproduced in their original language. The Special Chamber delivered its Judgment on 28 April 2023. It is published in the ITLOS Reports 2022-2023 . Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d'autres documents relatifs à la procédure concernant le Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l'océan Indien (Maurice/Maldives), fond . Les documents sont publiés dans la langue originale utilisée. La Chambre spéciale a rendu son arrêt le 28 avril 2023. L'arrêt est publié dans le TIDM Recueil 2022-2023 .
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1 online resource (1088 pages) : illustrations. :
Includes bibliographical references and index. :
9789004695856
New Trends in International Law : Festschrift in Honour of Judge Hisashi Owada /
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The Festschrift New Trends in International Law is a collective work which reflects the contributions of Judge Owada to the development of international law, and also deals with various issues of modern international law which have been challenged by the third world. The contributors are jurists from the ICJ and ILOS whose judgments and advisory opinions constitute the formal sources of modern international law. New Trends in International Law also presents contributions from a number of the most highly qualified scholars of various nations whose specialisations are frequently adopted as material sources of international law New Trends in International Law is an invaluable resource for modern international law which provides the entire spectrum of its evolution and its key challenges. It provides an ideal reference source for students, post-graduate researchers, practitioners, functionaries of international institutions, as well as government officials in charge of foreign affairs.
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1 online resource (580 pages) : illustrations. :
Includes bibliographical references and index. :
9789004684140
The Reception of Learned Law in Fourteenth- and Fifteenth-Century Frisia /
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This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws. The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system. See Less
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1 online resource (384 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712706
Going Along to Get Along: Diplomatic Pressure and Interstate Socialization at the United Nations /
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Going Along to Get Along: Diplomatic Pressure and Interstate Socialization by Naif Al-Mulla explores how diplomatic pressure shapes global governance at the United Nations. Through rigorous analysis and empirical examples, the book demonstrates how diplomatic pressure influences foreign policy positions and, by extension, global, multilateral outcomes. The work challenges assumptions and provides fresh insight, showcasing the cumulative effect of proactive diplomacy. Ideal for postgraduates, scholars, and policymakers, it offers a comprehensive understanding of how interstate coalitions can strategically mobilize diplomatic pressure to gain wide acceptance of a cause, with far-reaching implications from the United Nations to capitals worldwide.
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1 online resource (244 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711938