Learning about International Law through Dispute Resolution
In: International & comparative law quarterly: ICLQ, Band 40, Heft 3, S. 529
ISSN: 0020-5893
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In: International & comparative law quarterly: ICLQ, Band 40, Heft 3, S. 529
ISSN: 0020-5893
For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. The Parry and Grant Encyclopaedic Dictionary of International Law, Third Edition offers a fully updated version of the classic red volume that has served as a one-of-a-kind reference tool bringing together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.
In: Nordic journal of international law, Band 83, Heft 2, S. 87-127
ISSN: 1571-8107
The practice of modern international law seems inherently bound up with the quest for a rule of law in international affairs. This commitment to the rule of law at the international level finds expression not merely in academic literature, but has been regularly endorsed by states themselves, particularly in the context of the United Nations. Nevertheless, the pursuit of an international rule of law is an ambition which is constantly frustrated. The institutional structure of the international legal order seems incompatible with this vision, resulting in a constant sense of frustration about the apparently 'primitive' or otherwise constitutionally deficient institutional structure of modern international law. In fact, despite the intensification of 'governance' through international institutions in the years since the end of the Second World War, it seems like the proliferation and growing normative authority of international institutions more often than not gives rise to more concerns from a rule of law perspective. In this article I not only seek to understand the nature of this rule of law commitment and the reasons for this constant frustration, but in doing so I will argue that the institutional context implicit in the ideal of the rule of law is incompatible with the nature and functioning of international law. I seek to show, in fact, how the perpetual sense of frustration felt in international law's failure to live up to this ideal stems from the fact that the rule of law is a notion which is implicitly bound up with the political context of sovereign authority within states. To attempt to impose the rule of law outside of this context will not only result in distortion and mischaracterisation, but runs the risk also of legitimising precisely the kind of arbitrary authority which is the main target of the rule of law itself.
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 11, Heft 6, S. 571-583
ISSN: 1741-2862
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 8, Heft 3, S. 245-269
ISSN: 1741-2862
In: American journal of international law: AJIL, Band 80, Heft 4, S. 973-983
ISSN: 2161-7953
On March 12, 1986, Ambassador Vernon A. Walters, the United States representative at the United Nations, said:
[T]he prospect is for the withholding by the United States of a very sizable amount. … This inevitably would raise the question of whether the non-payment of a substantial amount could constitute a material breach of the United States obligation under Article 17 of the U.N. Charter to pay our duly assessed share of the U.N. budget. This is an issue of which we must be aware.
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Band 1, Heft 164, S. 56-73
ISSN: 2414-990X
Today, international commercial arbitration remains one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, wish to obtain the desired result in the shortest possible time. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the "autonomy of will" of the parties to the dispute. However, despite such a broad scope of powers, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. Although the discretionary powers of international commercial arbitration are regulated by national arbitration laws and rules, their exercise may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the views of the parties to the dispute. The article provides a comparative legal analysis of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of determining a virtual hearing as the most efficient format for consideration of a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a single, consistent court practice on these issues. Therefore, the conclusions propose to eliminate the shortcomings in the legal consolidation of such definitional constructs as "hearing" and "oral hearing".
In: Baltic yearbook of international law
The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law
"Feminist approaches to international law have been mischaracterised by the mainstream of the discipline as being a niche field that pertains only to women's lived experiences and their participation in decision-making processes. Exemplifying how feminist approaches can be used to analyse all areas of international law, this book applies posthuman feminist theory to examine the regulation of new and emerging military technologies, international environmental law and the conceptualisation of the sovereign state and other modes of legal personality in international law. Noting that most posthuman scholarship to date is primarily theoretical, this book also contributes to the field of posthumanism through its application of posthuman feminism to international law, working to bridge the theory and practice divide by using posthuman feminism to design and call for legal change. This interdisciplinary book draws on an array of fields, including philosophy, queer and feminist theories, postcolonial and critical race theories, computer science, critical disability studies, science and technology studies, marine biology, cultural and media studies, Indigenous onto-epistemologies, critical legal theory, political science and beyond to provide a holistic analysis of international law and its inclusions and exclusions. This interdisciplinary book will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law"--
In: Research Handbook on Disasters and International Law, S. Breau and K.L.H. Samuel, eds, Edward Elgar, UK, 2016
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In: Forthcoming, Heller, Mégret, Nouwen, Ohlin, Robinson (eds), Oxford Handbook of International Criminal Law (OUP, 2018)
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In: International Journal of Constitutional Law, Forthcoming
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In: Shared responsibility in international law 3
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 35, Heft 306, S. 355-357
ISSN: 1607-5889
In: International encyclopaedia of laws