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| Author | : James Brown Scott |
| Publisher | : |
| Total Pages | : 590 |
| Release | : 1940 |
| Genre | : America |
| ISBN | : |
| Author | : Carnegie Endowment for International Peace. Division of International Law |
| Publisher | : |
| Total Pages | : 551 |
| Release | : 1931 |
| Genre | : Inter-American conferences |
| ISBN | : |
| Author | : James Brown Scott |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1931 |
| Genre | : America |
| ISBN | : |
| Author | : Carnegie Endowment for International Peace. Division of International Law |
| Publisher | : |
| Total Pages | : 600 |
| Release | : 1931 |
| Genre | : America |
| ISBN | : |
| Author | : María José Luque Macías |
| Publisher | : Springer Nature |
| Total Pages | : 285 |
| Release | : 2021-05-22 |
| Genre | : Law |
| ISBN | : 303073272X |
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.
| Author | : Carnegie Endowment for International Peace. Division of International Law |
| Publisher | : |
| Total Pages | : 598 |
| Release | : 1931 |
| Genre | : Inter-American conferences |
| ISBN | : |
| Author | : Bardo Fassbender |
| Publisher | : OUP Oxford |
| Total Pages | : 1272 |
| Release | : 2012-11-01 |
| Genre | : Law |
| ISBN | : 0191632511 |
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
| Author | : Marc Weller |
| Publisher | : OUP Oxford |
| Total Pages | : 1328 |
| Release | : 2015-01-15 |
| Genre | : Law |
| ISBN | : 019165390X |
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
| Author | : Dietrich Schindler |
| Publisher | : BRILL |
| Total Pages | : 1084 |
| Release | : 1988-04-19 |
| Genre | : Law |
| ISBN | : 9789024733064 |
This book includes a study of the history of mine warfare at sea from the earliest days to the present time. It will be of interest to military lawyers & to all those concerned with the conduct & control of warfare. At the technical level, it is intended for laymen. While there is a chapter dealing with many technical matters relating to both mine warfare at sea & mine countermeasures, the sole purpose of that chapter is to give the non-technician, whether naval officer or civilian, a basic understanding of various categories of sea mines & their accessories & of mine countermeasure gear. It assumes that, like the author, the reader will have a minimum of electrical & mechanical knowledge. However, it is believed that after finishing this volume the reader will have a much better understanding of the part that mines have played in warfare at sea in past conflicts as well as the part they may be expected to play in any future conflict. Howard S. Levie is Professor Emeritus of Law at Saint Louis University School of Law, & Adjunct Professor of International Law at the U.S. Naval War College.
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1928 |
| Genre | : International American Conference |
| ISBN | : |
