Introduction -- Globalisation and commercial disputes -- Cross-border jurisdiction in commercial disputes -- Party autonomy in private international law and arbitration -- Existing approaches for regulating arbitral jurisdiction -- A global law model for arbitral jurisdiction -- Arbitral jurisdiction from a state court's perspective -- Arbitral jurisdiction : issues before arbitral tribunals -- Conclusions : arbitral jurisdiction architecture.
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The relationship between treaties and municipal law has been widely discussed in this country in recent years. The discussion, however, has been limited to the problems raised by the proposed Constitutional amendments. Thus, the possibility of a conflict between the Constitution and a treaty, or between a treaty and State law, has been debated, while the possibility of a conflict between a treaty and a Federal statute has been hardly ever mentioned.
Evidence and promise of progress : increased interdependence, rights and responsibilities, arenas of interaction, and the need for more cooperative uses of armed force / Jordan J. Paust -- Making progress in international institutions and law / Barry E. Carter -- The turning aside, on international law and its history / Alexandra Kemmerer -- The necessity of international law against the a-normativity of neo-conservative thought / Sergio Dellavalle -- Yom Kippur in hell : the empty life of international law / Ed Morgan -- Progress in international organization : a constitutionalist reading / Christian Walter -- On the borders of justice : an examination and possible solution to the doctrine of Uti Possidetis / Daniel Luker -- The evolving role of treaties in international law / Karin Oellers-Frahm -- Customary international law in the 21st Century / Andrew T. Guzman & Timothy L. Meyer -- Treaties as domestic law in the United States / Alex Glashausser -- The "unsatisfactory condition" of customary international law in the United States / Julian G. Ku -- In quite a state : the trials and tribulations of an old concept in new times / Florian Homann -- Between incapacity and indispensability : the United Nations and international order in the 21st century / Andreas Paulus -- Coordination of international organizations - intellectual property law as an example : can there be safety in numbers? / Karen Kaiser -- Individual progress in international law : considering amnesty / Leila Sadat -- The challenges of evaluating NGO "success" in cross-border rights initiatives / Monica Schurtman -- Paradoxes of personality : transnational corporations, non-governmental organizations and human rights in international law / Russell A. Miller -- Transnational networks and the international public order / Jenia Iontcheva Turner -- Progress in international adjudication : revisiting Hudson's assessment of the future of international courts / Cesare P. R. Romano -- The "precedential Judge Hudson"? Rivers, oceans, equity, and international tribunals / Betsy Baker -- The role of transnational judicial dialogue in shaping transnational speech : international jurisdictional conflicts in hate speech and defamation law / Melissa A. Waters -- Expanding Influence : regional human rights courts and death penalty abolition / Kelly Parker -- Triumph of progress : the embrace of international commercial arbitration / Mary A. Bedikian -- International security and the use of force / Abraham D. Sofaer -- Reforming the security council to achieve collective security / Brian J. Foley -- Security multilateralism : progress and paradox / Margaret E. McGuinness -- Legality versus legitimacy and the use of force / Petr Valek -- The phantom of the neo-global era : international law and the implications of non-state terrorism on the nexus of self-defense and the use of force / L. Waldron Davis -- Progress in enforcing international law against rogue states? : comparing the 1930s with the current age of nuclear proliferation / Orde F. Kittrie -- Complexity in the law of war / David Kaye -- International organization and the environment / Stephen C. Carey -- Recourse to international human rights : challenges to the traditional paradigm / Mayo Moran -- A right to frozen water? the institutional spaces for supranational climate Change Petitions / Hari M. Osofsky -- The "preference for pollution" and other fallacies, or why free trade isn't "progress" absent the harmonization of environmental standards / Amy Sinden -- Enhancing human rights protection through procedure : procedural rights and guarantees derived from substantial norms in human rights treaties / Maria Pia Carazo -- Reconciling the irreconcilable : progress toward sustainable development / Rebecca M. Bratspies -- Incorporating international human rights law in national constitutions : the South African experience / Penelope E. Andrews -- The new world trading system and China / Li Chen .
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In: INTERNATIONAL LAW AND INSTITUTIONS, Aaron Schwabach, Arthur John Cockfield, eds., Encyclopedia of Life Support Systems (EOLSS), Developed under the Auspices of the UNESCO, EOLSS Publishers, Oxford, UK, 2011
Shipping list no.: 2004-0041-P. ; Includes bibliographical references and index. ; CNE and CNA in the network-centric battlespace : challenges for operators and lawyers / Arthur K. Cebrowski -- Technology and law : the evolution of digital warfare / David Tubbs, Perry G. Luzwick, Walter Gary Sharp, Sr.-- A different kettle of fish : computer network attack / Roger W. Barnett -- Information operations, information warfare, and computer network attack : their relationship to national security in the information age / Daniel T. Kuehl -- International law, cybernetics, and cyberspace / Anthony D'Amato -- Computer network attack as a use of force under Article 2(4) of the United Nations Charter / Daniel B. Silver -- Computer network attacks and self-defense / Yoram Dinstein -- Self-defense against computer network attack under international law / Horace B. Robertson, Jr.-- Computer networks, proportionality, and military operations / James H. Doyle, Jr.-- Some thoughts on computer network attack and the international law of armed conflict / Louise Doswald-Beck -- Wired warfare : computer network attack and the jus in bello / Michael N. Schmitt -- Proportionality, cyberwar, and the law of war / Ruth G. Wedgwood -- Neutrality and information warfare / George K. Walker -- Information operations in the space law arena : science fiction becomes reality / Douglas S. Anderson and Christopher R. Dooley -- Fourth dimensional intelligence : thoughts on espionage, law, and cyberspace / David M. Crane -- Computer network attacks by terrorists : some legal dimensions / John F. Murphy -- Meeting the challenge of cyberterrorism : defining the military role in a democracy / Charles J. Dunlap, Jr.-- "Weapons like to lightning" US information operations and US treaty obligations / Jeffrey H. Smith and Gordon N. Lederman -- International law of armed conflict and computer network attack : developing the rules of engagement / Brian T. O'Donnell and James C. Kraska .-- Responding to attacks on critical computer infrastructure : what targets? what rules of engagement? / James P. Terry -- Is it time for a treaty on information warfare? / Phillip A. Johnson. ; Mode of access: Internet.
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840-1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840-1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
In light of current efforts at addressing the dangers of fake news, this article will revisit the international law relevant to the phenomenon, in particular the prohibition of intervention, the 1936 International Convention on the Use of Broadcasting in the Cause of Peace, and the 1953 Convention on the International Right of Correction. It will be argued that important lessons can be learned from the League of Nations' (LON) efforts in the interwar period and the UN's activities in the immediate post-WWII era, while taking into account the new challenges that arise from modern communication technology. Taking up the LON's and UN's distinction between false and distorted news, the international legal framework will be tested, in particular, against the coverage of the 2016 'Lisa case' by Russian Government-funded media. This coverage is widely considered to be fake news aimed at destabilizing Germany's society and institutions. The article argues that false news can be subject to repressive regulation in a sensible manner. Distorted news, however, will have to be tolerated legally, since prohibitions in this regard would be too prone to abuse. A free and pluralist media, complemented by an appropriate governmental information policy, remains the best answer to fake news in all its forms. Due diligence obligations to fact-check, transparency, and remedies that are effective despite difficulties in attribution, and despite a lack of universal acceptance, could likewise be conducive.
Özersay, K.: Legal foundations: the validity and scope of the 1959-1960 Cyprus Treaties. - S. 11-60. Necatigil, Z. M.: The interest of United Nations: United Nations resolutions on Cyprus. - S. 60-88. Karaosmanoglu, A. L.: UNIFICYP and the problem of consent. - S. 89-120. Soysal, M.: Inequality of status: impediment to a solution in Cyprus. - S. 121-133. Pazarci, H.: Solutions juridiques pour un Chypre viable basées sur le nouveau partenatiat. - S. 134-153. Versan, R.: A new approach to Cyprus problem. - S. 154-161