Suchergebnisse

The substance of Dugard's International Law: A South African Perspective has undergone major changes to take account of new developments both on the international legal scene and in South Africa. The fifth edition presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad.

Conceptualizing comparative international law / Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg -- Methodological guidance : how to select and develop comparative international law case studies / Katerina Linos -- Comparative international law, foreign relations law and fragmentation : can the center hold? / Paul B. Stephan -- Why comparative international law needs international relations theory / Daniel Abebe -- The many fields of (German) international law / Nico Krisch -- Crimea and the South China Sea : connections and disconnects among Chinese, Russian, and western international lawyers / Anthea Roberts -- "Shioki (control)," "fuyo (dependency)," and sovereignty : the status of the Ryukyu kingdom in early-modern and modern times / Masaharu Yanagihara -- Comparative international law within, not against, international law : lessons from the international law commission / Mathias Forteau -- The continuing impact of French legal culture on the International Court of Justice / Mathilde Cohen -- International law in national legal systems: an empirical investigation / Pierre-Hugues Verdier & Mila Versteeg -- Objections to treaty reservations : a comparative approach to decentralized interpretation / Tom Ginsburg -- Intelligence communities and international law : a comparative approach / Ashley S. Deeks -- National legislatures : the foundations of comparative international law / Kevin L. Cope & Hooman Movassagh -- International law in Chinese courts during the rise of China / Congyan Cai -- The democratizing force of international law : human rights adjudication by the Indian Supreme Court / Neha Jain -- Case law in Russian approaches to international law : sovereign cautiousness of a semi-peripheral great power / Lauri Mälksoo -- Doing away with capital punishment in Russia : international law and the pursuit of domestic constitutional goals / Bakhtiyar Tuzmukhamedov -- Comparative views on the right to vote in international law : the case of prisoners' disenfranchisement / Shai Dothan -- When law migrates : refugees in comparative international law / Jill I. Goldenziel -- An asymmetric comparative international law approach to treaty interpretation : the CEDAW committee's tolerance of the Scandinavian states' progressive deviation / Alec Knight -- Comparative international law and human rights : a value-added approach / Christopher McCrudden -- CEDAW in national courts: a case study in operationalizing comparative international -- Law analysis in a human rights context / Christopher McCrudden -- The great promise of comparative public law for Latin America : towards ius commune americanum? / Alejandro Rodiles -- Who cares about regulatory space in bits? : a comparative international approach / Tomer Broude, Yoram Z. Haftel & Alexander Thompson -- Africa and the rethinking of international investment law : about the elaboration of the Pan-African Investment Code / Makane Moïse Mbengue & Stefanie Schacherer -- Not so treacherous waters of international maritime law : Islamic law states and the UN Convention on the Law of the Sea / Emilia Justyna Powell

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint

Introduction -- Jurisdiction -- Independence -- Applicable law -- Standing -- Direct effect -- Consistent interpretation -- Reparation -- Fragmentation -- Authority -- Supremacy restrained -- Concluding remarks : bringing together the international and the national rule of law.

"This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn. Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike. Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science"--

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