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Author | : Tomer Broude |
Publisher | : Bloomsbury Publishing |
Total Pages | : 344 |
Release | : 2011-03-21 |
Genre | : Law |
ISBN | : 1847317820 |
Download Multi-Sourced Equivalent Norms in International Law Book in PDF, ePub and Kindle
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
Author | : Tomer Broude |
Publisher | : Bloomsbury Publishing |
Total Pages | : 352 |
Release | : 2011-03-21 |
Genre | : Law |
ISBN | : 1847316395 |
Download Multi-Sourced Equivalent Norms in International Law Book in PDF, ePub and Kindle
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
Author | : Lee Jing |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 447 |
Release | : 2014-07-17 |
Genre | : Law |
ISBN | : 9004268391 |
Download Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules Book in PDF, ePub and Kindle
In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.
Author | : Helmut Philipp Aust |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198738927 |
Download The Interpretation of International Law by Domestic Courts Book in PDF, ePub and Kindle
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyze three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identifies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analyzed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Author | : Marjan Ajevski |
Publisher | : Routledge |
Total Pages | : 167 |
Release | : 2017-07-14 |
Genre | : Law |
ISBN | : 1317442938 |
Download Fragmentation in International Human Rights Law Book in PDF, ePub and Kindle
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Author | : Joost Pauwelyn |
Publisher | : Cambridge University Press |
Total Pages | : 557 |
Release | : 2003-07-31 |
Genre | : Law |
ISBN | : 1139436902 |
Download Conflict of Norms in Public International Law Book in PDF, ePub and Kindle
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
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 | : Ole Kristian Fauchald |
Publisher | : Bloomsbury Publishing |
Total Pages | : 382 |
Release | : 2014-10-01 |
Genre | : Law |
ISBN | : 1847319157 |
Download The Practice of International and National Courts and the (De-)Fragmentation of International Law Book in PDF, ePub and Kindle
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.
Author | : Nils-Hendrik Grohmann |
Publisher | : Mohr Siebeck |
Total Pages | : 331 |
Release | : 2024-03-28 |
Genre | : |
ISBN | : 316162825X |
Download Strengthening the UN Human Rights Treaty Bodies Book in PDF, ePub and Kindle
Author | : Chin Lim |
Publisher | : Cambridge University Press |
Total Pages | : 575 |
Release | : 2015-04-30 |
Genre | : Business & Economics |
ISBN | : 1107075696 |
Download International Economic Law after the Global Crisis Book in PDF, ePub and Kindle
This collection explores the theme of fragmentation within international economic law following the global financial crisis.