Suchergebnisse

Taking a critical approach to private international law, this volume examines its function and role in an era of global governance. It asks if private international law has the potential to reassert itself as a significant governance function in respect of new forms of authority beyond the state, and how this might be done.

Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good. It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues.

Despite recent attempts by scholars to examine the absolute prohibition of threats of force under Article 2(4) of the UN Charter, threats remain a largely un-chartered area in international law when compared with actual uses of force. Adopting an interdisciplinary approach and utilising strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force, which, helps to inform and explain why and how the normative structure operates in the way that it does. In addition to considering the normative rules regarding threats of force, this.

The regulation of technology is an important and topical area of law, relevant to almost all aspects of society. Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies. A well-written and fascinating introduction to technology law in Australia and internationally, Technology Law provides thorough coverage of the theoretical perspectives, legislation, cases and developing issues where technology and the law interact. The text covers data protection and privacy, healthcare technology, criminal justice technology, commercial transactions, cybercrime, social media and intellectual property, and canvasses the future of technology and technology law. Written by leading experts in the field, Technology Law is an excellent resource for law students and legal professionals with an interest in the area

Le Tribunal international du droit de la mer est une juridiction internationale qui traite des différends d'ordre maritime. Le Tribunal est ouvert aux Etats, aux organisations internationales et autres entités. L'Annuaire offre aux juristes, aux universitaires, aux étudiants, ainsi qu'au public dans son ensemble, l'accès à une riche source d'informations concernant la compétence, la structure, les travaux et les activités du Tribunal. Le présent Annuaire porte sur la période initiale du fonctionnement du Tribunal et sur les travaux préparatoires qui ont précédé la création de celui-ci, le 1er octobre 1996. L'Annuaire a été établi par le Greffe du Tribunal. Le Tribunal a également publié un volume des textes de base qui contient des documents de référence, en ce qui concerne le mandat et le fonctionnement du Tribunal, et qui constituent l'essentiel de la documentation relative aux dispositions juridiques et à la procédure qu'applique le Tribunal. L' Annuaire est aussi disponible en anglais (Yearbook)

2012 Summer. ; Includes bibliographical references. ; In recent years there have been broad and important debates about whether international environmental justice is attainable within the liberal model. This issue warrants examination, particularly in a context which reflects the strongest possible potential for liberal claims. An especially potent commendation of the liberal model is found in North-to-South foreign direct investment, where liberal advocates identify investment as a key strategy to improve the life chances of the poor. However, foreign direct investment today reflects in many cases dimensions of injustice as between investor and affected populations. Such injustices arise in particular where an investment project taps into local resources such as land, air, water, precious metals, and so on without sufficient participation by affected persons in the benefits of such resource access. These sorts of inequities are especially troubling where the investor originates in one of the wealthier countries of the global North and the recipient country and affected population resides in the global South. This study attempts to then answer the question: may such injustices be remediated within the scope of a liberal model of economic activity and development? That is, can liberal prescriptions for justice be satisfied by liberal economic precepts and patterns? The study first posits a social liberal amendment to dominant contemporary neoliberal understandings. The analysis then turns to the World Bank Group's International Finance Corporation as a potential best-case example of efforts to render North-South foreign direct investment more environmentally sound. In particular, the study asks whether the policies and programs of the International Finance Corporation may be fairly seen to accommodate liberal justice precepts. Culling the existing literature, and employing evidence gleaned from documentary analysis and in-person interviews, the study asks whether the International Finance Corporation is durably engaged in advancing international environmental justice in financed projects. Through a deconstruction of International Finance Corporation documents and case studies of a purposive sample of recently-financed projects the study asks whether there is more going on at the International Finance Corporation than mere environmental window-dressing. The analysis shows that a social liberal international environmental justice is being advanced, but not evenly. The study concludes that a stronger implementation of international environmental justice is possible within the social liberal model, but that improvements are needed.

"This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike."--