Suchergebnisse

'The Identity of Governments in International Law' provides a comprehensive account of the international legal regulation of governmental status. This includes the concept of the government, the rules on recognition of and criteria for governmental status, and matters concerning the identity of governments in international organisations.

Introduction : science and risk regulation in international law -- Global risk governance and its legitimacy -- Scientific rationality and risk in international law -- Competing risk regulatory paradigms : sound science and the precautionary principle -- Science and WTO regulation of SPS risk -- Case studies of science and risk regulation in international law -- Democratising global risk governance -- What role for science in international risk regulation?

This illuminating monograph examines analytical and practical aspects of the relationship between international law and international politics, providing a comprehensive analysis of the foundations on which both the international legal system and international politics rest. With an interdisciplinary perspective, Alexander Orakhelashvili compares and contrasts the methods of international legal reasoning with international relations as a discipline, focusing on timeless and central issues that connect the past, present and future. The book examines, through the use of both disciplines' methodology, some more specific areas such as public authority, global space, and peace, with the overall outcome that political contempt towards the international legal system could have unexpected and costly adverse political consequences.

The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.

This article examine the problems raised by amnesty in the domestic and international legal order in the context of national reconciliation. It examines the scope and limits of the amnesty law, justifying it by the exceptions made for international crimes and violations as far as international humanitarian law is concerned. Indeed, this paper deals with the domestic and international legal aspects of non-amnesty crimes that are recognized under conventional and customary international law as imprescriptible, through the experience of specialized international courts on the subject such as those of Rwanda, Sierra Leone, and the ICC.

Foreword -- Preface -- Contents -- About the Contributors -- Abbreviations -- Acronyms -- Part I: International Economic Law and Other Concerns -- The First Twenty Cases Under GATT Article XX: Tuna or Shrimp Dear? -- 1 Introduction -- 2 Introducing the General Exceptions -- 3 The Objective of a Measure and the Two-Tier Test -- 4 Why Measures Have Failed Article XX -- 5 Has the Right Balance Been Struck? -- 6 Conclusions -- Appendix 1 -- Appendix 2 -- Falling Foul of Article XX -- Article XX(a) -- US - Gambling (2005) -- China - Audiovisual Services (2009) -- EC - Seals (2014) -- Article XX(b) and (g) -- US - Gasoline (1996) -- EC - Tariff Preferences (2004) -- Brazil - Retreaded Tyres (2007) -- China - Raw Materials (2011) -- China - Rare Earths (2014) -- The (Only) Two Successful Claims Under Article XX -- US - Shrimp II (2001) -- EC - Asbestos (2001) -- References -- Remarks on the Practice of Regional Development Banks´ (RDBs) Accountability Mechanisms and the Safeguard of Human Rights -- 1 Introduction -- 2 Human Rights and Lending Activities: The Experience of the International Bank for Reconstruction and Development -- 3 RDBs Accountability Mechanisms: An Overview -- 3.1 Eligibility -- 3.2 Functions -- 3.3 The Social Dimension of RDBs and Accountability Mechanisms´ Practice -- 4 Remarks on theWeaknesses of RDBs Accountability Mechanisms -- 5 Conclusions -- References -- A Waiver for Europe? CETA´s Trade in Services, and Investment Protection Provisions and Their Legal-Political Implications on ... -- 1 Introduction -- 2 Cross-Border Trade in Services Under CETA -- 2.1 Services -- Modalities -- 2.2 Market Access, National Treatment, and MFN -- 2.3 Clarifications -- 2.4 Scheduling Approach and Reservations -- 2.5 Regulatory Competencies -- 3 CETA´s FET and Expropriation Provisions -- 3.1 FET -- 3.2 (Indirect) Expropriation -- 4 Conclusions