Suchergebnisse

Preliminary Material /Christoffer C. Eriksen and Marius Emberland -- Introduction Polycentric Decision-making Structures and Fragmented Spheres of Law: /Ivar Alvik , Marius Emberland and Christoffer C. Eriksen -- New International Law and Its Doctrine Thinking Outside the "Westphalian Box": /Stéphane Beaulac -- Jurisdictional Competition between International Courts and Tribunals: /Nikolaos Lavranos -- International Relations and New International Law Piercing the Tattered Veil: /Antoine Buyse -- The Power of Administration: /Ole Jacob Sending -- Investment and Property The Hybrid Nature of Investment Treaty Arbitration – Straddling the National/International Divide /Ivar Alvik -- Competing Notions of Property Rights: /Ingunn Ikdahl -- Human Rights and Humanitarian Law International Human Rights Law and International Humanitarian Law: /Natasha Balendra -- Rapprochement and Misrecognition: /Kristin Bergtora Sandvik -- On the History of New International Law A Non-territorial Ethnic Network and the Making of Human Rights Law: /Moria Paz -- Internationalization of Criminal Law What's in the ICC for States? /Jo Stigen -- International Security and War 'Securitizing' Development: /Aristotle Constantinides -- Constitutional Underpinnings for Conscientious Objection in Allegiance to International Public Law Norms pertaining to War /Cecilia M. Bailliet -- Environmental Regulation Sustainable Development in Practice: /Christina Voigt -- What May Be the New International Environmental Law? /Nicolai Nyland.

1. From domestic to international rule of law : a long and unfinished journey / Veselin Popovski -- 2. "Unqualified human good" or a bit of "ruling class chatter"? : the rule of law at the national and international level / Simon Chesterman -- 3. "Thin theories" of the domestic and international rule of law / Charles Sampford -- 4. Reflections on the rule of law : its scope and significance for partners in development / John Barker -- 5. What is "international impartiality"? / Frederic Megret -- 6. Professions without borders : global ethics and the international rule of law / Charles Sampford -- 7. International civil service ethics, professionalism and the rule of law / Lorne Sossin and Vasuda Sinha -- 8. International rule of law? : ethics and impartiality of legal professionals in international criminal tribunals / Chandra Lekha Sriram -- 9. Judicial ethics at the international criminal tribunals / William Schabas -- 10. Conclusion / Vesselin Popovski.

It is a settled rule of international law that a State may not rely on the provisions of its 'internal law' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable 'counter-limit' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law