Suchergebnisse

Electoral misconduct is widespread, but only some countries are punished by international actors for violating democratic norms. Using an original dataset and country case studies, this book explains variation in international norm enforcement and shows that despite being selective, it can nevertheless have transformative effects on both the quality and outcome of elections.

Intro -- Editor's Preface -- Content -- Part I. -- The Role of 'Soft Law' in Public International Law and its Relevance to the International Legal Regulation of Outer Space -- Contradictio in terminis or Realpolitik ? -- The Function of 'Soft Law' in the Development of International Space Law -- 'Regulatory Impact Assessment' - A Tool to Strengthen Soft Law Regulations -- Soft Law in Space Activities - An Updated View -- The Importance of Guidelines and Codes of Conduct for Liability of States and Private Actors -- Part II. -- The 'Declaration of Legal Principles Governing the Activities of States in the Exploration of Outer Space' : The Starting Point for the United Nations' Law of Outer Space -- The 1982 UN Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting -- The UN Principles Relating to Remote Sensing of the Earth from Outer Space and Soft Law -- The Launching State and the Registration Practice Resolutions as 'Kick Off' for a New Phase in Space (Soft) Law Development -- The United Nations Principles Relevant to the Use of Nuclear Power Sources in Outer Space : the Significance of a Soft Law Instrument after nearly 20 Years in Force -- The STSC/IAEA Safety Framework for Space Nuclear Power Source Applications - Influence of Non-binding Recommendations -- The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States -- The Legal Status of the 1996 Declaration on Space Benefits : Are Its Norms Now Part of Customary International Law ? -- Space Debris Mitigation -- The role of binding and non-binding norms in the implementation of small satellite programmes -- The European Union's Initiative for a Code of Conduct on Space Activities: A Model of Soft Law for Outer Space ?.

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Foreword -- Preface -- Table of Cases -- Table of Treaties -- Notes on Contributors -- Introduction: Non-state Actors, Changing Actors and Subjects of International Law -- 1 The Usefulness of the Category of 'Non- state actors' in International Law -- 2 Actors and the Persistent Notion of the 'Subject of International Law' -- 3 Overview of Chapters in the Volume -- Select Bibliography -- Part 1 Changing International Norm-Makers -- Chapter 1 Sovereignty's Accommodations: Quasi-States as International Lawmakers -- 1 Defining the Field -- 2 Quasi-state Participation in Treaties -- 2.1 Multilateral Treaties -- 2.2 Bilateral Treaties -- 3 Quasi-state Participation in International Organizations -- 4 Quasi-state Participation in International Dispute Settlement -- 5 Concluding Thoughts on the Importance of Quasi-state Contributions -- Acknowledgment -- Select Bibliography -- Chapter 2 Quasi-States and Sport: Building a Case for Statehood -- 1 Introduction: Why Are They at the Olympics? -- 2 Conceptualizing Statehood -- 3 The Global Sport Regime -- 4 State Participation in Global Sport -- 5 Quasi-State Case Studies -- 5.1 German Democratic Republic -- 5.2 Kosovo -- 5.3 Palestine -- 5.4 Taiwan -- 5.5 Puerto Rico -- 5.6 South Africa -- 6 The Relationship between Political Success and Sporting Success -- 6.1 Does Participation in Sport Achieve Quasi-State Goals? -- 6.2 Does Sporting Success Lead to Political Success? -- 7 Conclusion -- Acknowledgment -- Select Bibliography -- Chapter 3 Self-Determination Claimant Groups and the Creation of International Norms -- 1 Introduction -- 2 Defining Non-State Actors as Subjects of International Law -- 3 The Right of Self-determination in International Law -- 3.1 Self-determination and International Legal Personality.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

Explaining international norm change -- Banning piracy : the state monopoly on military force -- The end of conquest : consolidating sovereign rights -- Protecting cultural treasures in wartime -- Terrorism : reinforcing states' monopoly on force -- Extraterritoriality : expanding exclusive internal jurisdiction -- Slavery : liberal norms and human rights -- Genocide -- Refugees and asylum -- Humanitarian intervention : liberal norms vs. sovereignty norms -- The emerging right to democracy -- Cycles of international norm change

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

"The effects of the growth of multinational enterprises and globalization in the past fifty years have been profound, and many multinational enterprises, such as international banks, now operate around the world through branches known as permanent establishments. The business profits article (Article 7) of the OECD model tax treaty attributes a multinational enterprise's business profits to a permanent establishment in a host country for tax purposes. Michael Kobetsky analyses the principles for allocating the profits of multinational enterprises to permanent establishments under this article, explains the shortcomings of the current arm's length principle for attributing business profits to permanent establishments and considers the alternative method of formulary apportionment for allocating business profits"--

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law