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Reciprocity In International Law

Author: Shahrad Nasrolahi Fard
Publisher: Routledge
ISBN: 131731218X
Size: 15.43 MB
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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

China S One Belt One Road Initiative And Private International Law

Author: Poomintr Sooksripaisarnkit
Publisher: Routledge
ISBN: 1351348442
Size: 27.87 MB
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The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Latin America And The International Court Of Justice

Author: Paula Wojcikiewicz Almeida
Publisher: Taylor & Francis
ISBN: 1317511360
Size: 69.74 MB
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Improving International Investment Agreements

Author: Armand De Mestral
Publisher: Routledge
ISBN: 1136260706
Size: 54.13 MB
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This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Routledge Handbook Of The Law Of Armed Conflict

Author: Rain Liivoja
Publisher:
ISBN: 9780415640374
Size: 34.94 MB
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The law of armed conflict is a key element of the global legal order yet it is recognised that this branch of law is often honoured more in the breach than in the observance. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest driven by the changes in the nature of warfare. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and former members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbooks is as follows: Part 1: Basics Part 2: Principles of distinction Part 3: Means and method of warfare Part 4: Specially protected persons and objects Part 5: Contemporary issues Part 6: Enforcement Throughout the book attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

Educational Reciprocity And Adaptivity

Author: Abe W. Ata
Publisher: Routledge
ISBN: 1351781928
Size: 60.50 MB
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Educational Reciprocity and Adaptability challenges the common belief that adapting to new educational settings is the responsibility of international students alone. The book argues that reciprocal responses are required by students and stakeholders alike for an efficient and equitable accommodation of international students in educational settings. Considering how international students negotiate academic challenges and social tensions, it presents both theoretical frameworks and practical tools to work around the tension regarding ethical academic practices. Crucially exploring these issues across a range of geographical and institutional contexts, and therefore offering critical insights into significant developments in international education across the world, the much-needed research in this edited collection explores: institutional educational policies regarding international students and stakeholders; institutional practices and how they are received; educational adaptability and responses from different stakeholders; the experiences of international students and institutions in negotiating academic and social tensions. This important contribution to research on the experiences of international students in different geographical and educational contexts is of great interest to academics, researchers and postgraduate students in the fields of international education, comparative education, sociology of education, youth studies, intercultural studies, migration studies and TESOL.

The International Criminal Court And Global Social Control

Author: Nerida Chazal
Publisher: Routledge
ISBN: 1317589661
Size: 36.26 MB
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The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

Mobile People Mobile Law

Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1351917145
Size: 74.70 MB
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Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.

International Organizations And The Law

Author: Alexandra Harrington
Publisher:
ISBN: 9780815375302
Size: 22.72 MB
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Delving into the law and meaning of international organizations, this book addresses both the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of current international organizations in a cohesive manner, providing readers with a clear understanding international organizations law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organisations dispute settlement in international organizations termination of an international organization Written in an accessible and engaging way, this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations.

Foreigners Refugees Or Minorities

Author: Dr Sergio Carrera
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409474054
Size: 40.85 MB
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When immigration policy and the treatment of Roma collide in international relations there are surprising consequences which are revelatory of the underlying tensions between internal and external policies in the European Union. This book examines the relationship of citizenship, ethnicity and international relations and how these three aspects of the State, its people and its neighbours relate to one another. It studies the wide issue of international relations, citizenship and minority discrimination through the lens of the case study of European Roma who seek refugee status in Canada on account of their persecution in Europe. The volume assesses the relationships among citizenship, state protection and persecution and minority status, and how they can intersect with and destabilize foreign affairs. The central background to the book is the European treatment of Roma, their linkages with visa and asylum policies and their human rights repercussions . The various contributions reveal how modern liberal democracies can find themselves in contradictory positions concerning their citizens - when these are looking for protection abroad - and foreigners - in search of international protection - as a consequence of visa and pre-border surveillance policies and practices.