Orna Ben-Naftali (ed.), International Humanitarian Law and International Human Rights Law
In: Human rights law review, Volume 12, Issue 4, p. 820-825
ISSN: 1744-1021
2726965 results
Sort by:
In: Human rights law review, Volume 12, Issue 4, p. 820-825
ISSN: 1744-1021
"International Organizations and the Law addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: -organization functions and structure -membership and membership powers -the rights of international organizations -dispute settlement in international organizations -termination of an international organization. The second edition has been fully revised and updated to include coverage of: the COVID-19 pandemic and its impact on the functions of international organizations, the invasion of Ukraine and the stresses placed on the UN, NATO and the international community, increased efforts in the climate change sector as well as the overhaul of the NAFTA system, and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations"--
In: Indigenous Peoples and the Law
This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people's complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation - thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law
In: Netherlands international law review: NILR ; international law - conflict of laws, Volume 23, Issue 2, p. 248
ISSN: 1741-6191
The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of non-intervention and foreign funding for NGOs.
BASE
The object of this study is to analyse how to address secessionist tensions in democratic States based on the fundamental human right to political participation. In this vein, secessionist tensions in democratic States and the indissoluble connection between human rights, democracy and the rule of law are considered. Secondly, the right to political participation in International Law is analysed, and the formulation of this right, its content and scope, and its interaction with other human rights and fundamental freedoms are addressed. Thirdly, international good practice and standards for elections and referendums, and their application to independence referendums, are analysed with particular emphasis on the main principles and democratic safeguards that originate in these good practices
BASE
In: Politique internationale: pi, Issue 53, p. 257-274
ISSN: 0221-2781
World Affairs Online
In: American journal of international law, Volume 36, p. 637-640
ISSN: 0002-9300
In: American journal of international law, Volume 34, p. 260-284
ISSN: 0002-9300
In: American journal of international law, Volume 33, p. 743-746
ISSN: 0002-9300
In: American journal of international law, Volume 19, p. 534-542
ISSN: 0002-9300
Foreword / Gabrielle Marceau -- About the book / Gabrielle Marceau and Clément Marquet -- Introduction : a meta-question / Georges Abi-Saab -- Evolutionary interpretation in international law : some short and less than trail-blazing reflections / Robert Kolb -- An interpreter's guide to static and evolutive interpretations : solving intertemporal problems according to the VCIT / Christian Djeffal -- Time present and time pas t: the intention of the parties and the evolutionary interpretation of treaties / Eirik Bjorge -- Using intertemporal linguistics to resolve the problem at the origin and core of the evolutionary interpretation debate / Julian Wyatt -- Evolutionary interpretation : the relevance of context / Donald McRae -- Evolutionary interpretation of international law in national courts / Kenneth Keith -- The interpretive work of treaty bodies : how they look at evolutionary interpretation, and how other courts look at them / Luigi Crema -- Evolutionary interpretation of unilateral acts of states and international organisations / Paolo Palchetti -- The strength of evolutionary interpretation in international human rights law / Gloria Gaggioli -- The Strasbourg approach to evolutionary interpretation / Oliver Dörr -- Environmental protection as an object of and tool for evolutionary interpretation / Nina Mileva and Marina Fortuna -- The European Court of Human Rights and the right to a clean environment : evolutionary or illusory interpretation? / Malgosia Fitzmaurice -- By men, not gods : the (hidden) evolutionary interpretation of international criminal law in the light of extrinsic sources / Sévane Garibian -- Understanding the choice for evolutionary interpretation / Isabelle Van Damme -- The illusion of "evolutionary interpretation" in WTO dispute settlement / Graham Cook -- Prospective linguistics and trade : the art of the deal / Clément Marquet -- The evolutionary treaty interpretation by the WTO Appellate Body / Sondre Torp Helmersen -- Is there evolution in the evolutionary interpretation of WTO law? / Peter Van den Bossche -- Evolutionary interpretation and the Appellate Body's existential crisis / Mariana Clara de Andrade -- Energy trade in the WTO, yesterday, today and tomorrow : the role of evolutionary interpretation / Jenya Grigorova -- Evolutionary interpretation in investment arbitration : about a judicial taboo / Makane Moïse Mbengue and Aikaterini Florou -- The role of state party pleadings in the evolutionary interpretation of international investment agreements / Kendra Magraw -- Investment treaty signatories' joint interpretation and the case of the NAFTA free trade commission : evolutionary interpretation or modification? / Jennifer Radford, Gregory Tereposky and Kun Hui -- History as interpretative context in the evolutionary interpretation of FET in international investment law / Charalampos Giannakopoulos and Malvika Monga -- Articulating evolutionary interpretation and the rule of law : the EU as a composite legal order based on relative rules of law / Nicolas Levrat -- Multilingualism and the dynamic interpretation of European Union law / Mattias Derlén -- Conclusion / Kenneth Keith -- Afterword / Georges Abi-Saab.
SSRN
Working paper
In: Journal of conflict and security law, Volume 14, Issue 3, p. 441-448
ISSN: 1467-7954