Contract in Chinese Private International Law
In: International & comparative law quarterly: ICLQ, Band 38, Heft 3, S. 648
ISSN: 0020-5893
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In: International & comparative law quarterly: ICLQ, Band 38, Heft 3, S. 648
ISSN: 0020-5893
In: Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2021-03
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Working paper
In: KFG Working Paper Series, No. 46, Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?"
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In: Stanford journal of international law, Band 29, S. 271-314
ISSN: 0731-5082
In: American journal of international law: AJIL, Band 45, Heft 4, S. 762-770
ISSN: 2161-7953
The postwar cultural isolationism towards the West and a specifically Soviet complex of inferiority inherited from the early years of the regime have produced since the last war an attitude of self-assertion. This somehow childish attitude is expressed, among others, by a frenzy of claims to Russian priorities not only in regard to technological inventions, but also in respect to the learned theories. The Soviet scholars seem to forget that the priority of a thinker in stating a concept, though important in itself, does not reduce another ' s merit of fully developing a new concept in all its intellectual aspects; moreover, the importance of an intellectual must also be measured by the actual influence he exerted upon his contemporaries and the succeeding generations. A Russian writer may have preceded Bodin in formulating the idea of the state supreme power, but this does not alter the fact that Bodin was the first to establish a fully developed theory of sovereignty, nor does it diminish the Frenchman's influence upon many generations. However, this Soviet frenzy of claiming priorities may have one beneficial result, namely, it might enrich our knowledge of the older Russian thought. The West is fairly familiar with some Russian thinkers of the nineteenth and twentieth centuries, but knows next to nothing concerning their predecessors. This is why one may read with interest V. I. Zuev's article:"The Priority of Russian Juristic Thought in the Establishment and Development of the Theory of Sovereignty" (Sovetskoe Gosudarstvo i Pravo, No. 3, March, 1951, pp. 24-37). This article presents another interest as well: It illustrates the Soviet opposition to the contemporary Western tendency to get rid of the encumbering dogma of state sovereignty; the concept of state sovereignty provides a theoretical basis for Soviet foreign policy, especially within the United Nations, and supplies the necessary arguments for denying the superiority of international law over municipal law:
In: Forthcoming, T Lavers and L Hodson (eds), Feminist Judgments in International Law, Hart Publishing (2019)
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In: Journal of conflict & security law, Band 25, Heft 1, S. 33-51
ISSN: 1467-7962
This article examines international law on the use of countermeasures against peacetime cyber operations that fall below the armed attack threshold. It focuses on collective countermeasures— ie, measures taken by states which have not been affected by the cyber operation but which have been requested to assist by the state victim to these operations. While a general right for non-injured states to take countermeasures has not been recognised in international law, this article demonstrates that there is some support for this right in circumstances where the injured state requests assistance from a non-injured state. It argues that a limited right of collective countermeasures should be recognised in the cyber context. This is warranted as it expands the remedies available to states subject to cyber operations and offers a way for less technologically advanced states to obtain assistance when subject to malicious cyber operations from their adversaries
"Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website will feature important updates to the law"--
In: American journal of international law: AJIL, Band 22, Heft 3, S. 538-559
ISSN: 2161-7953
The responsibility of the state in international law is a subject of constantly increasing interest, whether to the practicing lawyer, who finds himself called upon to prepare an international claim, or to the theoretician, interested, perhaps, in the current codification of international law.1 Of the many problems connected with state responsibility, one of the most interesting, and at the same time one of the most vital,is that of the proper denotation to be given to the phrase " denial of justice." Most debates hinge upon definitions; and a consistent statement of the rules of responsibility would seem impossible until denial of justice is given clearer definition.It is believed that practice now affords us enough consideration of the meaning of the term to permit of analysis and of more precise definition.
In: Springer eBook Collection
Preface -- Acknowledgement -- Introduction -- Chapter 1 Structure of the research -- Chapter 2 Transcultural diplomacy and international law -- PART I: HERITAGE AND CULTURE -- Chapter 3 Academic disciplines as Transcultural heritage: In defence of culture as cultivation -- Chapter 4 Octagon – The Quest for Wholeness -- Chapter 5 Ecclesiastical Heritage as Human Right -- Chapter 6 Curzio Malaparte's War Novels in Poland: Then and Now -- Chapter 7 A living heritage. The Villa E.1027 by the sea -- Chapter 8 Jitiya: Tharu Inherence to Eco-Culture -- Chapter 9 Importance and perspectives of natural heritage, in Romania -- Chapter 10 A relationship between Plants and their Hindu and Buddha cultures: An analysis Ficus religiosa (Pipal) -- PART II: HERITAGE AND LAW -- Chapter 11 International Legal Instruments as a means for the protection of Cultural Heritage -- Chapter 12 International and European obligations to protect Cultural Heritage in Belgium -- Chapter 13 Cultural Heritage in International Law: (Still) Looking for a Definition? The Taxonomy of Cultural Heritage Across the Spectrum of UNESCO Conventions and Beyond -- Chapter 14 Traditional Cultural Expressions (TCEs), holder communities and conflicts with central States: policies for the recognition of intangible cultural heritage (ICH) and intellectual property (IP) regulation -- PART III: HERITAGE AND COMMUNITY -- Chapter 15 Cultural Diplomacy in India: Dispersal, Heritage Representation, Contestation and Development -- Chapter 16 Algeria and its heritage: Inventory of the various heritage policies, from the pre-colonial to colonial and post-colonial times.
In: European journal of international law, Band 25, Heft 4, S. 977-990
ISSN: 1464-3596
In: European journal of international law, Band 18, Heft 1, S. 199-211
ISSN: 1464-3596
In: The library of essays in international law
part PART I: NATURE -- chapter 1 Human Rights Genealogy -- chapter 2 The Concept of Human Rights in International Law -- part PART II: POLITICS -- chapter 3 International Human Rights and Cultural Relativism -- chapter 4 The Ideology of Human Rights -- chapter 5 Cultural Relativism and Universal Human Rights -- chapter 6 Rethinking the -- part PART III: IMPLEMENTATION -- chapter 7 How is International Human Rights Law Enforced? -- chapter 8 Toward a Theory of Effective Supranational Adjudication -- part PART IV: EXCEPTIONS -- chapter 9 Legal Differentiation and the Concept of the Human Rights Treaty in International Law -- chapter 10 Human Rights Treaties, Invalid Reservations, and State Consent -- part PART V: CHALLENGES -- chapter 11 Globalization and the Convergence of Values -- chapter 12 Globalization and Human Rights.
In: Journal of democracy, Band 12, Heft 3, S. 20-34
ISSN: 1045-5736
In: Innovation in international law