Suchergebnisse

The people and their territory : the partitioning of the world / Jean Gottmann -- Territory in international law / M.N. Shaw --Territoriality and conflict in an era of globalization / Miles Kahler -- Territory, acquistion / Marcelo G. Kohen and Mamadou Hebie -- Adjudication and adjustment : international judicial decision and the settlement of territorial and boundary disputes / A.L.M. Munkman -- Discovery, symbolic annexation and virtual effectiveness in international law / Friedrich August Freiherrr von der Heydte -- The palmas island arbitration / Philip C. Jessup -- Original title in the light of the ICJ judgment on sovereignty over Pedra Branca/Pulau Batu Puteh, Middle rocks an South Ledge / Marcelo Kohen -- Acquisitive prescription in international law / D.H.N. Johnson -- Title to territory : response to a challenge / George Schwarzenberger -- Legal title versus 'Effectivites' : prescription and the promise and problems of private law analogies / Roger O'Keefe -- Rights over the arctic / W. Lakhtine --Territorial claims in Antarctica : a modern way to deal with an old problem / Benedetto Conforti -- Contiguity as a title to territorial sovereignty / Hans Kelsen -- Boundary problems and the formation of new states / Ian Brownlie -- The "Uti Possidetis Juris Principle" in historical perspective / Santiago Torres Bernardez -- Drawing a better line : Uti Possidetis and the borders of new states / Steven R. Ratner -- Some observations on the doctrine of continuity and finality of boundaries / Kaiyan Homi Kaikobad -- Self-determination versus territorial integrity in decolonization / S. K. N. Blay -- The myth of remedial secession / Katherine Del Mar -- Do people have rights in boundaries' delimitations? / Marcelo Kohen and Mara Tignino -- What is a miltary occupation? / Adam Roberts -- The missing reversioner : reflections on the status of Judea and Samaria / Yohuda Z. Blum -- Is the notion of territorial sovereignty obsolete? / Marcelo G. Kohen

Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states' obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

In the current interdependent global economic system, measures adopted nationally by governments to safeguard financial stability sometimes produce cross-border spillovers. A question arises as to how international economic law shall treat states' regulatory powers to tackle internal and external economic and financial threats. The goal of the research is to analyze (i) how international law distributes between different international subjects the social costs of global instability in the event of emergencies, and (ii) how regulatory powers are attributed in a situation of economic and financial interdependence. To do so, this essay sets out a law and economics theory that conceptualizes financial stability in international law as the result of a trade-off between three competing regulatory objectives: domestic stability, global stability, and financial integration. The way in which the interplay between these objectives is represented in law crucially influences the balance of rights and obligations in the formulation of national economic and financial policies, and the level of protection against economic threats. This essay argues that current international law is largely inefficient because it structures the protection of financial stability as a matter of the individual rights of each state, rather than a social problem of the international community.

There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.