A Farewell To Fragmentation Reassertion And Convergence In International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Farewell To Fragmentation Reassertion And Convergence In International Law PDF full book. Access full book title A Farewell To Fragmentation Reassertion And Convergence In International Law.
Author | : Mads Tønnesson Andenæs |
Publisher | : Cambridge University Press |
Total Pages | : 605 |
Release | : 2015-10-09 |
Genre | : Law |
ISBN | : 1107082099 |
Download A Farewell to Fragmentation Book in PDF, ePub and Kindle
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author | : Andenas |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : International courts |
ISBN | : 9781316376614 |
Download A Farewell to Fragmentation: Reassertion and Convergence in International Law Book in PDF, ePub and Kindle
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Author | : Mads Andenas |
Publisher | : Cambridge University Press |
Total Pages | : 605 |
Release | : 2015-10-09 |
Genre | : Law |
ISBN | : 1316368610 |
Download A Farewell to Fragmentation Book in PDF, ePub and Kindle
Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Author | : Mads Andenas |
Publisher | : BRILL |
Total Pages | : 474 |
Release | : 2019-05-20 |
Genre | : Law |
ISBN | : 9004390936 |
Download General Principles and the Coherence of International Law Book in PDF, ePub and Kindle
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Author | : Elena Abrusci |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2022-12-31 |
Genre | : Law |
ISBN | : 1316514811 |
Download Judicial Covergence and Fragmentation in International Human Rights Law Book in PDF, ePub and Kindle
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Author | : Chiara Giorgetti |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2022-05-12 |
Genre | : Law |
ISBN | : 1009100491 |
Download Beyond Fragmentation Book in PDF, ePub and Kindle
A timely assessment of cross-fertilization among international courts and tribunals as a complex multi-dimensional process, involving procedural and substantive elements.
Author | : |
Publisher | : Oxford University Press |
Total Pages | : 737 |
Release | : 2024-02-22 |
Genre | : Law |
ISBN | : 0192666916 |
Download General International Law in International Investment Law Book in PDF, ePub and Kindle
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Author | : Carla M. Buckley |
Publisher | : BRILL |
Total Pages | : 685 |
Release | : 2016-10-18 |
Genre | : Law |
ISBN | : 9004284257 |
Download Towards Convergence in International Human Rights Law Book in PDF, ePub and Kindle
We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
Author | : Ernst Ulrich Petersmann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 416 |
Release | : 2017-01-12 |
Genre | : Law |
ISBN | : 1509909079 |
Download Multilevel Constitutionalism for Multilevel Governance of Public Goods Book in PDF, ePub and Kindle
This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.
Author | : Jorge Luis Fabra-Zamora |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1788974425 |
Download Jurisprudence in a Globalized World Book in PDF, ePub and Kindle
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.