Suchergebnisse

On 11 September 2001 commercial passenger jets hijacked by suicide commandos were flown into the Twin Towers of the World Trade Center in New York. As the Towers imploded and collapsed, the death of several thousand people was witnessed live on television screens throughout the world. Those attacks, together with that on the Pentagon and the failed attempt that ended in Pennsylvania, aroused profound indignation and led to immediate reactions against the perpetrators or their protectors and sponsors, and more generally against international terrorism.

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint

Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic 'courts' (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives

This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law

The nature of Islamic international law -- Principles of Islamic international law -- Islamic philosophy of law in relation to Islamic international law -- Sources of Islamic public international law -- Islamic international law within municipal law -- International status of state sovereignty -- Subjects of the law -- Human rights law -- The discipline of Islamic international criminal law -- Aggression -- War crimes -- Unlawful use of weaponss -- Crimes against humanity -- Slavery -- Genocide -- Apartheid -- Torture -- Crimes against internationally protected persons -- Taking of hostages -- Drug offences -- Trafficking in persons and pornography -- Crimes against natural environments -- Crimes against foodstuffs -- Piracy -- Limitations of hostilities in the conduct of states -- Institution of protections -- Humanitarian protections of prisoners of war -- Islamic criminal jurisdiction within the ICC -- The mechanisms of the trial -- Rights of the accused -- Basis of criminal accountability -- Punishments.

Intro -- Title Page -- Copyright Page -- The Author -- Table of Contents -- List of Abbreviations -- General Introduction -- 1. Historical Development -- 2. General Principles -- 3. Nature and Scope -- 4. Special Characteristics of National Private International Law -- Part I. General Principles (Choice of Law Technique) -- Chapter 1. Sources of Private International Law -- 1. Domestic Law -- 2. Multilateral and Bilateral Treaties -- 3. Case Law -- 4. Customary Law -- 5. Public International Law -- 6. Doctrine -- 7. The Interpretation -- Chapter 2. Connection -- 1. Choice of Law Rules (Conflict of Laws Rules) -- I. Multilateral/Unilateral Conflict Rules -- II. Elements of a Conflict Rule -- III. Legal Consequences -- 2. Connecting Factors -- I. Nationality -- II. Domicile -- III. Habitual Residence -- IV. Simple Residence -- V. Lex loci actus -- VI. Lex rei sitae -- VII. Intention of Parties -- 3. Changes in Connecting Factors: Change of Lex Causae -- 4. Combination of Connecting Factors -- Chapter 3. Basic Terms -- 1. Characterization (Classification) -- 2. Preliminary Question -- 3. Renvoi -- 4. Ordre Public (Public Policy) and Other Exceptions -- 5. Evasion of Law -- Part II. Choice-of-Law Rules -- Chapter 1. Persons -- 1. Natural Persons -- I. Legal Capacity -- II. Name -- III. Nationality -- IV. Change of Gender (Transsexuality) -- 2. Juridical Persons -- Chapter 2. Obligations -- 1. Law of Contract -- I. Autonomy of Parties (to Determine Proper Law) -- II. No Choice of Law by the Parties -- III. Legal Forms of Contracts -- IV. Breach of Contracts -- V. Multilateral Treaties -- 2. Particular Contracts -- I. Contracts for Sale of Goods -- II. Employment Contracts -- III. Insurance Contracts -- IV. Consumer Contracts and E-Commerce -- V. Contract of Carriage -- VI. Leasing/Factoring/Franchising.

"It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate-change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed"--