Necessity And National Emergency Clauses
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Author | : Diane A. Desierto |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 433 |
Release | : 2012-01-05 |
Genre | : Political Science |
ISBN | : 9004218521 |
Download Necessity and National Emergency Clauses Book in PDF, Epub and Kindle
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Author | : Mahnoush H. Arsanjani |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1119 |
Release | : 2010-10-25 |
Genre | : Political Science |
ISBN | : 9004173617 |
Download Looking to the Future Book in PDF, Epub and Kindle
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Author | : Thomas P. Crocker |
Publisher | : Yale University Press |
Total Pages | : 345 |
Release | : 2020-07-14 |
Genre | : Political Science |
ISBN | : 0300181612 |
Download Overcoming Necessity Book in PDF, Epub and Kindle
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Author | : Berenika Drazewska |
Publisher | : BRILL |
Total Pages | : 391 |
Release | : 2021-12-13 |
Genre | : Law |
ISBN | : 9004432566 |
Download Military Necessity in International Cultural Heritage Law Book in PDF, Epub and Kindle
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Author | : Freya Baetens |
Publisher | : Cambridge University Press |
Total Pages | : 569 |
Release | : 2013-08-01 |
Genre | : Law |
ISBN | : 1107434912 |
Download Investment Law within International Law Book in PDF, Epub and Kindle
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Author | : Jaime Oraá |
Publisher | : |
Total Pages | : 320 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Download Human Rights in States of Emergency in International Law Book in PDF, Epub and Kindle
In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.
Author | : Meg Kinnear |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 778 |
Release | : 2015-12-22 |
Genre | : Law |
ISBN | : 9041161414 |
Download Building International Investment Law Book in PDF, Epub and Kindle
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author | : Marc Bungenberg |
Publisher | : Hart Pub Limited |
Total Pages | : 2000 |
Release | : 2014-11-30 |
Genre | : Law |
ISBN | : 9781849463638 |
Download International Investment Law Book in PDF, Epub and Kindle
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author | : Oren Gross |
Publisher | : Cambridge University Press |
Total Pages | : 48 |
Release | : 2006-10-30 |
Genre | : Political Science |
ISBN | : 1139457756 |
Download Law in Times of Crisis Book in PDF, Epub and Kindle
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Author | : |
Publisher | : |
Total Pages | : 944 |
Release | : 2012 |
Genre | : Electronic surveillance |
ISBN | : |
Download Intelligence Community Legal Reference Book Book in PDF, Epub and Kindle