Suchergebnisse

States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.

This guide gives an overview of the main aspects of occupational safety and health statistics, including their relevance and uses. It also presents the international standards governing occupational safety and health statistics, as well as a description of the most commonly used occupational safety and health indicators

"Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition examines the three key issues in civil litigation: taking jurisdiction over a dispute, recognizing and enforcing judgment of a foreign court, and identifying the law to be applied in resolving a dispute. This fifth edition also investigates the historical and theoretical underpinnings of private international law, exploring its constitutional implications and its intersections with public policy. The three key issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law and succession, and family law."--

"In the past decades, great strides have been made to ensure that crimes against humanity and state-sponsored organized violence are not committed with impunity. Alongside states, large international organizations such as the United Nations and forums such as the International Criminal Court, 'de facto international prosecutors' have emerged to address these crimes. Acting as investigators and evidence-gathers to identify individuals and officials engaged in serious human rights violations, these 'private' non-state actors, and state legal 'officials' in a foreign court, pursue criminal accountability for those most responsible for core international crimes. They do so when local options to investigate fail and an international criminal tribunal remains unavailable. This study outlines three case studies of witnesses and victims who pursue those most responsible, including former heads of state. It examines their practices and strategies, and shows how witnesses and victims of core crimes emerge as key leaders in the accountability process"--Publisher's description

This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This research aims to give an overview of the role of water resources in the world and make analysis of main problems – social,economic, demographic, etc. which may arise in international business and international relations in case of the deficit of waterresources. It also intends to analyze the role of hydro resources during relations among different states of the world in the field ofbusiness and political relations and using political, economic and legal mechanisms which can provide further exploitation of freshwater resources in favor of humanity.Keywords: deficit, hydro potential, international law, international regimes, waterJEL: F5

AbstractCases involving the posting of workers will inevitably involve international elements and therefore issues of private international law. Historically, it has been assumed that English employment law is territorial: in particular section 204 of the Employment Rights Act 1996 provides that the provisions of the Act apply irrespective of the law applicable to the contract. This contribution examines this proposition through the perspective of private international law principles, and also considers the compatibility of section 204 with the private international law rules in the Posted Workers Directive and the new definition of overriding mandatory rules in the Rome I Regulation.

Open economy macroeconomic models generally overlook the effects of
international migration and remittances on income and welfare. A
two‐country temporary equilibrium model is presented which incorporates
trade theoretic elements of international migration and remittances. In
the model, an expansionary incomes, or a trade, policy by the host
country induces migration, while expansionary demand policies in the
source country discourage migration. In all cases, however, when some
degree of international migration exists, potential income and welfare
gains to both countries induced by such policies exceed the equivalent
policy gains where international migration and remittances are absent.

Within the realist school of international relations, a prevailing view holds that the anarchic structure of the international system invariably forces the great powers to seek security at one another's expense, dooming even peaceful nations to an unrelenting struggle for power and dominance. Rational Theory of International Politics offers a more nuanced alternative to this view, one that provides answers to the most fundamental and pressing questions of international relations. Why do states sometimes compete and wage war while at other times they cooperate and pursue peace? Does competition

The article examines the problems associated with the international legal framework for bringing to responsibility for damage caused by war crimes. First of all, it should be noted that the use of force is required to hold states accountable during armed conflicts; the presence of an act of aggression; the existence of a violation of international humanitarian law and a violation or non-observance of human rights. With regard to international liability for damage caused to individuals in the course of international armed conflicts, it is necessary to determine which norms of international law are potentially violated and what is the legal basis for applying such liability to states.In its decisions, the International Court of Justice has repeatedly drawn attention to the obligation of states that have violated their obligations under international law to compensate for the damage caused by such violations. According to the draft articles on the responsibility of states, any international offense by a state entails the responsibility of those states to which the responsible state is obliged to provide full compensation for damage caused by an international offense.

This is a definitive and comprehensive history of international organizations from their very beginning in 1815 up to the present day.